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HomeMy WebLinkAbout9/3/2024 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, September 3, 2024 AGENDA Consideration of: A. 5:15 p.m. - JOINT WORK SESSION WITH PLANNING COMMISSION 1. Discussion regarding the amendment to the locality zoning regulations. B. 6:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM AND CITIZEN GUIDELINES 1. Vinton Town Council 2. Vinton Planning Commission C. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE TO THE U.S. FLAG D. COMMUNITY EVENTS/ANNOUNCEMENTS/COUNCIL ACTIVITIES E. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS F. CONSENT AGENDA 1. Consider approval of the minutes of the Regular Meeting of August 20, 2024 G. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda H. JOINT PUBLIC HEARING WITH VINTON PLANNING COMMISSION 1. Consideration of public comments concerning an ordinance on proposed amendments to the Vinton Zoning Ordinance. a. Open Public Hearing • Report from Staff – Nathan McClung • Receive public comments • Council/Planning Commission discussion and questions b. Close Public Hearing Michael W. Stovall, Vice Mayor Keith N. Liles, Council Member Sabrina M. McCarty, Council Member Laurie J. Mullins, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 c. Planning Commission to make a recommendation d. Consider approval of an Ordinance amending Appendix B, Zoning, Article IV, District Regulations, Division 2, Multiple Purpose Districts, Section 4-5; Division 4, Planned Unit Development Districts, Section 4-11, and Division 5, Mixed-Use Development (MUD) District, Sec. 4-18 of the Vinton Town Code. I. ITEMS REQUIRING ACTION J. TOWN ATTORNEY K. TOWN MANAGER’S PROJECT UPDATES/COMMENTS L. COUNCIL AND MAYOR M. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS AND TOWN EVENTS: September 7, 2024 – 5:00 p.m. – Pink Warrior Walk – Farmers Market September 11, 2024 – 9:00 a.m. – Public Works Committee Meeting – PW Conference September 11, 2024 – 3:00 p.m. – Safe Streets for All – Vinton War Memorial September 16, 2024 – 3:00 p.m. – Finance Committee Meeting – TOV Annex September 17, 2024 – 6:00 p.m. – Regular Council Meeting – Council Chambers October 1, 2024 – 5:15 p.m. – Town Council and Vinton Planning Commission Work Session – Council Chambers October 1, 2024 – 6:00 p.m. – Regular Council Meeting – Council Chambers NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. Vinton Town Council and Planning Commission Joint Meeting Agenda Tuesday, September 3, 2024 Work Session - 5:15 p.m. Public Hearing - 6:00 p.m. WORK SESSION AGENDA I. Call to Order—Roll Call II. Briefing 1. Proposed amendment to the Vinton Zoning Ordinance. The proposed amendment would require medical and dental clinic uses to obtain a special use permit in the R-B Residential-Business District, GB General Business District, CB Central Business District, M-1 Limited Industrial District, M-2 General Industrial District, PD Planned Unit Development District, and MUD Mixed-Use Development District, and it would require hospitals to obtain a special use permit in the GB General Business, M-1 Limited Industrial District, and M-2 General Industrial District. III. Comments of Planning Commissioners, Town Council Members, and Planning Staff IV. Adjournment of Work Session REGULAR SESSION AGENDA I. Call to Order—Roll Call II. Public Hearing to receive comments concerning: Vinton Municipal Building 311 S. Pollard Street Vinton, VA 24179 Phone (540) 983-0605 Fax (540) 983-0621 Mr. David “Dave” Jones, Vice-Chairman Mr. Robert “Bob” Benninger Mr. Jonathan McCoy Ms. Sarah Reid Vinton Town Council and Planning Commission Joint Meeting Agenda Tuesday, September 3, 2024 Page 2 of 2 2 1. Proposed amendment to the Vinton Zoning Ordinance. The proposed amendment would require medical and dental clinic uses to obtain a special use permit in the R-B Residential-Business District, GB General Business District, CB Central Business District, M-1 Limited Industrial District, M-2 General Industrial District, PD Planned Unit Development District, and MUD Mixed-Use Development District, and it would require hospitals to obtain a special use permit in the GB General Business, M-1 Limited Industrial District, and M-2 General Industrial District. a. Open public hearing • Report from staff • Receive public comments • Council/Planning Commission discussion and questions b. Close public hearing c. Planning Commission to make a recommendation d. Council to consider adoption of the proposed Zoning Ordinance amendments. III. Adjournment of the Planning Commission Meeting Date September 3, 2024 Department Town Clerk Issue Consider approval of the minutes of the Regular Meeting of August 20, 2024. Attachments August 20, 2024 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD AT 6:00 P.M. ON TUESDAY, AUGUST 20, 2024, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Michael W. Stovall, Vice Mayor Keith N. Liles Sabrina M. McCarty Laurie J. Mullins STAFF PRESENT: Cody Sexton, Deputy Town Manager Antonia Arias-Magallon, Town Clerk/Administrative Manager Fabricio Drumond, Police Chief Nathan McClung, Assistant Planning and Zoning Director Jeremy Carroll, Town Attorney Mayor Grose called the meeting to order at 6:00 p.m. The Town Clerk called the roll with Council Member Liles, Council Member McCarty, Council Member Mullins, Vice Mayor Stovall, and Mayor Grose present. After a Moment of Silence, Council Member Liles led the Pledge of Allegiance to the U.S. Flag. announcements, and Council Activities, Council Member McCarty announced the following: September 2 – observance of Labor Day; September 7 – Vinton Pink Warrior Walk at the Vinton Farmers Market at 5 p.m.; October 12 – Vinton Fall Festival at the War Memorial at 10 a.m.; October 14 – Town October 26 – Shred Event at the War Memorial from 10 a.m. to 1 p.m.; and October 29 – Municipal Building downtown at 3 p.m. Council Member McCarty encouraged everyone to visit the entertainment venues social media and website for more information. Council Member Mullins following Council activities: July 31 – Vice Mayor Stovall and Mayor Grose attended a meeting with administration members; July 23 – Council 2 Council Member Liles, Council Member McCarty, Council Member Mullins, and Mayor Grose attended National Night Out; August 7 – Council committee meeting; August 13 – Council meeting; August 14 – Council Member Liles and and August 19 – Vice Mayor Stovall and Mayor Brad attended the Finance Committee meeting. Council Member Liles made a motion to approve the Consent Agenda as presented; the motion was seconded by Council Member McCarty a all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Mullins, Stovall, Grose; Nays (0) – None. 16, 2024 Under awards, introductions, presentations, and proclamations, Public Works Director Bo Dillon Hambrick and Joshua Stultz. Stultz to the Town and shook their hands. Philip Road, Roanoke, Virginia 24019, and representative of Love Life Church commented on his opposition to the clinic at 935 3rd Street, Vinton, Virginia 24179 being in the Town. Scott Dreyer, resident of 4015 Blandfield Drive, Vinton, Virginia 24179 commented opposition to the clinic at 935 3rd Street, Vinton, Virginia 24179 being in the Town. The council expressed appreciation for the citizens' comments and for meeting. Under reports from committees, Deputy Town Manager Sexton commented on the August 19, 2024, Finance Committee meeting. Mr. Sexton commented that the Council will need to approve 3 Sexton commented that there will be a public hearing to approve rollovers from fiscal year 2024 to fiscal year 2025. The Utility Fund closed out on June 30, 2024. Any remaining balance in the Utility Fund will be rolled over projects. As of July 31, revenue coming along, and payments are coming in. Vice Mayor Stovall made a motion to approve the Financial Statements for April and June 31, 2024; the motion was seconded by Council Member Liles following vote, with all members voting: Vote 5-0; Yeas (5) – Liles, Grose; Nays (0) – None. Council Member McCarty approve the Financial Statements for 2024; the motion was seconded by Council Member Mullins vote, with all members voting: Vote 5-0; Yeas (5) – Liles, (0) – None. Approved the Financial Statements for April 30, May 31, and June 31, 2024. Approved the Financial Statements for July 31, 2024. Under reports from committees, Nathan McClung commented on the August 14 Mr. McClung commented on the traffic signal being down by Precision Fabrics Group Inc. and that it was being fixed. Mr. McClung commented on the West Lee Avenue project where the Town is discussing a pedestrian-friendly alleyway. Mr. McClung commented on the property behind the Town Municipal Building where the Town will be sending out an commented on the Thrasher United Methodist Church’s Stormwater Improvement project in which the Town is utilizing some funds that were put aside to fix a sinkhole that opened two years ago. Mr. McClung commented that the Town has been utilizing the EPA fire block properties and Gish Mill. Mr. McClung commented that there will be a joint work session and public hearing with the Planning Commission at the September 3rd Council meeting to discuss uses and hospitals. Mr. McClung commented on the Architecture & Engineering on-call contract in which 27 firms responded to the bid and will be added to a list of on-call contractors. Mr. McClung commented that the 4 McClung commented that the Glade Creek Greenway Phase 2B should be completed at the end of October. The contractors need to redo the there will be a work session regarding the Vinton 2050 Comprehensive Plan at the October 1st Council meeting. Under briefings, Mr. McClung gave a briefing on the proposed amendments to the Vinton Zoning Ordinance. Mr. McClung commented that medical and dental clinic uses to obtain a special use permit in the R-B Residential-Business Central Business District, M-1 Limited Industrial District, M-2 General Indu Mixed- require hospitals to obtain a special use permit in the GB General Business, M-1 Limited Industrial District, and M-2 General Industrial District. Council took action at the July 16, 2024, Council meeting to and dental clinic uses. Mr. McClung commented that there will be a joint hearing held on Tuesday, September 3rd, 2024. The Planning Commission and Town Council will also hold a joint work session on September 3rd, at 5:15 p.m., prior to the public hearing. Under items requiring action under the agenda, there was a motion to consider the adoption of a Resolution selected firms. Mr. McClung commented that responded to the bid approve all bids. This would give the Town a chance to navigate through a list of firms vetted by the Town reviewed and qualified without having to put out an RFP. Mr. Sexton commented that with this on-call contract, the Town will enter into a contract with 5 Council Member Mullins approve the Resolution selected firms; the motion was seconded by Vice Mayor Stovall vote, with all members voting: Vote 5-0; Yeas (5) – (0) – None. Approved Resolution No. 2607 approving the Term selected firms. Under items requiring action under the agenda, there was a motion to consider the adoption of a Resolution between Jimenez & Karki Properties, LLC., and Tinker Avenue, Vinton, Virginia 24179, and Number 060.15-01-16.00-0000. Mr. Sexton commented various times in the past. approached by the current owner about purchasing the property from them. Town Attorney Carroll commented that the Town has closing after the resolution property and contains an appropriation for both of those functions. Council Member Liles approve the Resolution between Jimenez & Karki Properties, LLC., and Tinker Avenue, Vinton, Virginia 24179, and Number 060.15-01-16.00-0000 seconded by Council Member McCarty voting: Vote 5-0; Yeas (5) – Mullins, Stovall, Grose; Nays (0) – None. Approved Resolution No. 2608 Town Manager to execute a Purchase Agreement between Jimenez & Karki Properties, LLC., and the Town of Vinton Virginia, for property 525 Tinker Avenue, Vinton, Virginia 24179, identified as Roanoke County Tax Map Number 060.15-01-16.00-0000. Under items requiring action under the agenda, there was a motion to consider the adoption of a Resolution Manager to execute a Deed of Lease with the 6 certain building located at 227 South Pollard Street in the Town of Vinton, Virginia. Mr. Sexton commented that the lease with VDH has been in effect since 2011 been working on an updated lease over the past year. Mr. Sexton commented that it is a standard contract, and the slightly. Mr. Carroll commented that there are a few insignificant pieces to go through and update on the lease; therefore, approved to form with the knowledge of pending nonmaterial changes. Vice Mayor Stovall made a motion to approve the Resolution authorizing the Town Manager to Department of Health, for a certain building located at 227 South Pollard Street in the Town of Vinton, Virginia; the motion was seconded by Council Member Mullins, carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Liles, McCarty, Mullins, Stovall, Grose; Nays (0) – None. Approved Resolution No. 2609 Town Manager to execute a Deed of Lease with the Virginia Department of Health, for a certain building located at 227 South Pollard Street in the Town of Vinton, Virginia. Mr. Sexton thanked Mr. McClung for the Community Development Committee update. Mr. Sexton commented on the new installed Avenue and S. Pollard Street. The flashing yellow arrow lights for Pollard Street and W. Washington Avenue and Bypass Road have yet. Mr. Sexton commented that there were some mechanical issues on the trash truck today. will be trash truck that was ordered should be delivered in September. Mr. Sexton commented that the Town was notified earlier this month that downtown Vinton is officially designated as the Historic Downtown Vinton. Council commented on the flooding during a storm weeks ago, the Pink Warrior Walk, and National Night Out. Council Member Mullins made a motion to adjourn the by Council Member Liles following vote, with all members voting: Vote 5-0; 7 Yeas (5) – Liles, McCarty, Mullins, Stovall, Grose; Nays (0) – None. Meeting adjourned APPROVED: _________________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Antonia Arias-Magallon, Town Clerk Meeting Date September 3, 2024 Department Planning and Zoning Issue Consideration of public comments concerning an ordinance on proposed amendments to the Vinton Zoning Ordinance. Summary The proposed amendments would require medical and dental clinic uses to obtain a special use permit in the R-B Residential-Business District, GB General Business District, CB Central Business District, M-1 Limited Industrial District, M-2 General Industrial District, PD Planned Unit Development District, and MUD Mixed-Use Development District, and it would require hospitals to obtain a special use permit in the GB General Business, M-1 Limited Industrial District, and M-2 General Industrial District. A briefing on the proposed amendments was provided by Town staff on August 20, 2024, at the Vinton Town Council meeting. Attachments 1. Ordinance 2. Staff Report Recommendations Conduct Public Hearing Motion to adopt Ordinance Town Council Agenda Summary 1 Town of Vinton Planning and Zoning Proposed Zoning Ordinance Amendments INTRODUCTION TO PROPOSED AMENDMENTS The proposed amendments would require medical and dental clinic uses to obtain a special use permit in the R-B Residential-Business District, GB General Business District, CB Central Business District, M-1 Limited Industrial District, M-2 General Industrial District, PD Planned Unit Development District, and MUD Mixed-Use Development District, and it would require hospitals to obtain a special use permit in the GB General Business, M-1 Limited Industrial District, and M-2 General Industrial District. The specific code sections proposed to be amended include Appendix B, Zoning, Article IV, District Regulations, Division 2, Multiple Purpose Districts, Section 4-5; Division 4, Planned Unit Development Districts, Section 4-11, and Division 5, Mixed-Use Development (MUD) District, Sec. 4-18 of the Vinton Town Code. SIX PRINCIPLES CONCERNING SPECIAL USE PERMITS • Special use permits are legislative in nature. • Uses allowed by special use permit are considered to have a potentially greater impact than those allowed as a matter of right. • Special use permits must be evaluated under reasonable standards, based on zoning principles. • Impacts from special use permits are addressed through conditions. • Conditions must be reasonably related to the impacts to be addressed, and the extent of the conditions must be roughly proportional to the impacts. • Decisions by a governing body granting or denying special use permits are presumed correct and reviewed under the fairly debatable standard. JUSTIFICATIONS FOR THE PROPOSED AMENDMENTS The following section identifies the reasons and justification for implementing the proposed amendments that directly tie to factors enumerated in the Virginia Code: Virginia Code § 15.2-2200. Declaration of legislative intent “This chapter is intended to encourage localities to improve the public health, safety, convenience, and welfare of their citizens and to plan for the future development of communities to the end that transportation systems be carefully planned; that new community centers be developed with adequate highway, utility, health, educational, and recreational 2 facilities; that the need for mineral resources and the needs of agriculture, industry, and business be recognized in future growth; … that residential areas be provided with healthy surroundings for family life; that agricultural and forestall land be preserved; and that the growth of the community be consonant with the efficient and economical use of public funds.” 1. Recognize the needs of agriculture, industry, and business in future growth. 2. Provide residential areas with healthy surroundings for family life. 3. Provide for growth that is consonant with the efficient and economical use of public funds. Virginia Code § 15.2-2283. Purpose of zoning ordinances “Zoning ordinances shall be for the general purpose of promoting the health, safety or general welfare of the public and of further accomplishing the objectives of § 15.2-2200. To these ends, such ordinances shall be designed to give reasonable consideration to each of the following purposes, where applicable: … (ii) to reduce or prevent congestion in the public streets; (iii) to facilitate the creation of a convenient, attractive and harmonious community; (iv) to facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements… (vi) to protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, impounding structure failure, panic or other dangers; (vii) to encourage economic development activities that provide desirable employment and enlarge the tax base…” 4. Reduction or prevention of congestion in the public streets. 5. Facilitation of the creation of a convenient, attractive and harmonious community. 6. Facilitating of the provision of adequate services. 7. Encouragement of economic development activities that provide desirable employment and enlarge the tax base. Virginia Code § 15.2-2284. Matters to be considered in drawing and applying zoning ordinances and districts “Zoning ordinances and districts shall be drawn and applied with reasonable consideration for the existing use and character of property, the comprehensive plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the protection of life and property from impounding structure failures, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the locality.” 3 8. Factors to be considered in drawling and applying zoning ordinances and districts include: • The existing use and character of property. • The suitability of property for various uses. • The trends of growth or change. • The current and future requirements of the community as to land for various purposes. • The requirements for public services. • The conservation of properties and their values and the encouragement of the most appropriate uses of land throughout the Town. Sec. 8-27 of the Zoning Ordinance of the Vinton Town Code “Special use provisions are intended as a means for the town council, after review and recommendation by the planning commission, to authorize certain uses which, although generally appropriate in the district in which they are permitted, have potentially greater impacts on neighboring properties than uses which are permitted by right. The special use permit procedure provides the opportunity for the town council to review each proposed special use and impose such conditions as reasonably necessary to ensure the use will be compatible with the surrounding area and consistent with the purposes of this appendix.” 9. Consideration of impacts of a proposed use on neighboring properties in deciding whether to grant or deny a special use permit or to impose certain conditions upon an approved use. MEDICAL & DENTAL CLINIC USES , AND HOSPITALS (S PECIAL USE PERMIT REQUIREMENT RECOMMENDATION) Town staff find that using available property in Vinton for a medical or dental facility or a hospital could impact the needs of industry and business in future growth, the surroundings of residential areas, the efficient and economical use of public funds, congestion in the public streets, the creation of a convenient, attractive and harmonious community, the provision of adequate services, economic development activities that would result in desirable employment and an enlarged tax base, and neighboring properties of the proposed use. With these factors considered, we recommend the change in the Zoning Ordinance to no longer permit medical and dental facilities and hospitals as a matter of right within the Town but, instead, to require such uses to undergo the special use permit process. The special use permit process will allow the Planning Commission and Town Council to evaluate, among other factors, the existing use and character of the property proposed for use as a medical or dental facility or hospital, the suitability of the subject property for various other uses, the need for the proposed use in light of the trends of growth or change, the current and future requirements of the community as to land for various purposes, the impacts on public services, the conservation of properties and their values and the encouragement of the most appropriate uses of land throughout the Town, and the impact of the proposed use on neighbors. 1 ORDINANCE NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, SEPTEMBER 3, 2024, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE amending Appendix B, Zoning, Article IV, District Regulations, Division 2, Multiple Purpose Districts, Section 4-5; Division 4, Planned Unit Development Districts, Section 4-11, and Division 5, Mixed-Use Development (MUD) District, Sec. 4-18 of the Vinton Town Code. WHEREAS, Virginia Code §§ 15.2-2283 and 15.2-2284 enumerate the purposes for zoning ordinances and matters to be considered in drawing and applying zoning ordinances and districts; and WHEREAS, purposes for zoning ordinances and amendments thereto include promoting the health, safety, and general welfare of the public and accomplishing the objectives set out in Virginia Code § 15.2-2200, such as recognizing the needs of agriculture, industry, and business in future growth, providing residential areas with healthy surroundings for family life, and providing for growth that is consonant with the efficient and economical use of public funds; and WHEREAS, purposes for zoning ordinances and amendments thereto also include, among other things, reducing or preventing congestion in the public streets, facilitating the creation of a convenient, attractive and harmonious community, facilitating the provision of adequate services, and encouraging economic development activities that provide desirable employment and enlarge the tax base; and WHEREAS, matters to be considered in drawing and applying zoning ordinances and districts include, among other things, the existing use and character of property, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes, the requirements for public services, and the conservation of properties and their values and the encouragement of the most appropriate uses of land throughout the Town; and WHEREAS, as part of the consideration of special use permit applications, Section 8-27 of the Zoning Ordinance of the Town of Vinton, Virginia requires the consideration of factors such as impacts of the proposed use on neighboring properties in deciding whether to grant or deny a special use permit or to impose certain conditions upon an approved use; and WHEREAS, Town Council finds that using available property in Vinton for a medical or dental facility or a hospital could impact the needs of industry and business in future growth, the surroundings of residential areas, the efficient and economical use of public funds, congestion in the public streets, the creation of a convenient, attractive and harmonious community, the provision of adequate services, economic development activities that would result in desirable employment and an enlarged tax base, and neighboring properties of the proposed use, and, 2 therefore, it is reasonable to no longer permit medical and dental facilities and hospitals as a matter of right within the Town but, instead, to require such uses to undergo the special use permit process established in Article VIII, Division 4, of the Zoning Ordinance of the Town of Vinton, Virginia; and WHEREAS, Town Council finds that the special use permit process will allow the Planning Commission and Town Council to evaluate, among other factors, the existing use and character of the property proposed for use as a medical or dental facility or hospital, the suitability of the subject property for various other uses, the need for the proposed use in light of the trends of growth or change, the current and future requirements of the community as to land for various purposes, the impacts on public services, the conservation of properties and their values and the encouragement of the most appropriate uses of land throughout the Town, and the impact of the proposed use on neighbors; and WHEREAS, Town Council finds that consideration of these factors at the time of a specific application and in light of the nature and scope of the proposed medical or dental facility or hospital will allow Town Council to evaluate the proposed use and determine if the proposed use is appropriate given the foregoing considerations and the other considerations set out in Virginia Code §§ 15.2-2200, 15.2-2283, and 15.2-2284; and WHEREAS, Town Council finds that the requirement for a special use permit for medical and dental facilities and hospitals proposed to be located in the Town will improve the public health, safety, convenience, and welfare of Town residents and allow the Town to plan for the future development of the community in accordance with Virginia Code § 15.2-2200. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that Appendix B, Zoning, Article IV, District Regulations, Division 2, Multiple Purpose Districts, Section 4-5; Division 4, Planned Unit Development Districts, Section 4-11, and Division 5, Mixed- Use Development (MUD) District, Sec. 4-18 of the Vinton Town Code are amended, reenacted, and recodified as follows: APPENDIX B. – ZONING * * * ARTICLE IV. – DISTRICT REGULATIONS * * * DIVISION 2 – MULTIPLE PURPOSE DISTRICTS * * * Sec. 4-5. – Use table for multiple purpose districts. District R-B GB CB P/O Supplemental Regulation Section Residential Uses 3 not meet the lot area and/or lot width requirements of section 4- Accommodations and Group Living Uses Commercial Uses: Office and Related Uses display rooms, general or special Commercial Uses: Miscellaneous clinic, with outside runs, play 4 principal or accessory use of property. This shall not include the parking or storage of recreational vehicles, watercraft, utility trailers, or recreational VI Commercial Uses: Retail Sales and Service sold principally at retail on the incidental retail sales of related daycare facility, completely daycare facility, with outside runs, play yards, pens, or Industrial Uses 5 Warehousing and Distribution Uses broker, not including wholesale Assembly and Entertainment Uses Public, Institutional, and Community Facilities schools or nonindustrial trade elementary, middle, and 6 recreational facilities and services, but not including Utility and Accessory Uses conjunction with any use "S" indicates a use permitted only by special use permit. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted * * * DIVISION 4 – PLANNED UNIT DEVELOPMENT DISTRICTS * * * Sec. 4-11. Use table for planned use development district. 7 (a) Uses and structures permitted by right. The following uses and structures are permitted by right in the PD planned development district, subject to all other applicable requirements of this appendix: District PD Supplemental Regulation Section Residential Uses Accommodations and Group Living Uses Commercial Uses: Office and Related Uses Commercial Uses: Retail Sales and Service pick up stations Industrial Uses gasoline stations Assembly and Entertainment Uses Public, Institutional, and Community Facilities 8 facilities and community centers not operated for commercial purposes nonindustrial trade school and secondary (public or private) Utility and Accessory Uses use permitted in the PD district "S" indicates a use permitted only by special use permit. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in the planned use development district. * * * DIVISION 5 – MIXED-USE DEVELOPMENT (MUD) DISTRICT * * * Sec. 4-18. Use table for mixed-use development district. 9 District MUD Supplemental Regulation Section Residential Uses Accommodations and Group Living Uses Commercial Uses: Office and Related Uses Commercial Uses: Miscellaneous completely enclosed banquet facilities Commercial Uses: Retail Sales and Service pick up stations 10 facility, completely enclosed including motorized vehicles Industrial Uses side of the associated retail structure and which do not conflict with pedestrian travel ways or interrupt street frontage. In no case shall the gas pump canopy abut a public street. Assembly and Entertainment Uses Public, Institutional, and Community Facilities shops facilities and community centers nonindustrial trade school 11 and secondary (public or private) Utility and Accessory Uses use permitted in the MUD district that do not abut or face a public street and located in the rear or side of the structure feet in gross floor area, or greater than 10,000 square feet per floor "S" indicates a use permitted only by special use permit. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in the mixed-use development district. AND BE IT FURTHER ORDAINED by the Town Council of the Town of Vinton that the foregoing amendments shall be made a part of the Zoning Ordinance of the Town of Vinton, Virginia without the underlining and strikeouts, which are included herein for reference only. AND BE IT FURTHER ORDAINED by the Town Council of the Town of Vinton that the Zoning Ordinance of the Town of Vinton, Virginia shall remain unamended and in full force and effect except to the extent specifically amended herein. AND BE IT FURTHER ORDAINED by the Town Council of the Town of Vinton that the recitals to this Ordinance are hereby incorporated by reference and are declared to be findings of the Town Council in connection with its decision to adopt this Ordinance. AND BE IT FURTHER ORDAINED by the Town Council of the Town of Vinton that the zoning administrator is authorized and directed to prepare application forms for medical and dental facilities and hospitals that will require applicants to provide information about any and all aspects 12 of the specific proposed use of the property at issue that relate to the issues addressed herein and in Virginia Code §§ 15.2-2200, 15.2-2283, and 15.2-2284. AND BE IT FURTHER ORDAINED by the Town Council of the Town of Vinton that this Ordinance shall become effective immediately. This Ordinance adopted on motion made by ____________ and seconded by _______________, with the following votes recorded: AYES: NAYS: APPROVED: _______________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Antonia Arias-Magallon, Town Clerk