HomeMy WebLinkAbout7/2/2024 - Regular1
Vinton Town Council
Regular Meeting
Council Chambers
311 South Pollard Street
Tuesday, July 2, 2024
AGENDA
Consideration of:
A. 6:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM AND
CITIZEN GUIDELINES
B. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE TO THE U.S. FLAG
C. COMMUNITY EVENTS/ANNOUNCEMENTS/COUNCIL ACTIVITIES
D. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA
ITEMS
E. CONSENT AGENDA
1. Consider approval of the minutes of the Regular Meeting of June 18, 2024
F. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS
1. 2024 National Association of Counties (NACo) Achievement Award Recognition –
Anita McMillan
2. The Roanoker 2024 as Best in Service Recognition – Town Manager
3. Employee Introduction – Chief Drumond
G. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and
questions for issues not listed on the agenda
H. BRIEFING
1. Vinton Community Park Update – Jamie Hurt
2. Briefing on proposed amendments to the Vinton Zoning Ordinance. – Nathan
McClung
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
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3. Briefing on the Petition of the Advancement Foundation, for a Special Use Permit
(SUP) for a proposed flea market use, located at 301 South Pollard Street, Suite A,
Vinton, Virginia, tax map number 060.15-07-41.00-0000, zoned CB Central Business
District. – Nathan McClung
I. ITEMS REQUIRING ACTION
1. Consider the adoption of a Resolution authorizing the Town of Vinton to forgive the
balance of two loans with ANBAJA in the amounts of $10,069.60 to further
encourage additional investment at 109 and 111 South Pollard Street. – Town
Manager
2. Consider adoption of a Resolution to dissolve the Revolving Loan Program – Town
Manager
3. Consider the adoption of a Resolution authorizing the Town Manager to execute a
Performance Agreement between the Town, Roanoke County Economic
Development Authority, and MVGA LLC. – Town Manager
4. Consider the adoption of a Resolution authorizing the closing of non-essential Town
offices on Friday, July 5, 2024. – Town Manager
J. TOWN ATTORNEY
K. TOWN MANAGER’S PROJECT UPDATES/COMMENTS
L. COUNCIL AND MAYOR
M. ADJOURNMENT
NEXT COMMITTEE/TOWN COUNCIL MEETINGS AND TOWN EVENTS:
July 4, 2024 – 8:00 a.m. – Four on the Fourth Race – Vinton War Memorial
July 4, 2024 – 6:00 p.m. to 10:00 p.m. – Fourth of July Celebration – Vinton War Memorial
July 8, 2024 – 3:00 p.m. – Finance Committee Meeting – TOV Annex
July 10, 2024 – 9:00 a.m. – Public Works Committee Meeting – PW Conference
July 16, 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.
Meeting Date
July 2, 2024
Department
Town Clerk
Issue
Consider approval of the minutes of the Regular Meeting of June 18, 2024.
Attachments
June 18, 2024 minutes
Recommendations
Motion to approve minutes
Town Council
Agenda Summary
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MINUTES OF A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD AT 6:00
P.M. ON TUESDAY, JUNE 18, 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
MEMBERS ABSENT: Sabrina M. McCarty
Laurie J. Mullins
STAFF PRESENT: Richard Peters, Town Manager
Cody Sexton, Deputy Town Manager
Antonia Arias-Magallon, Town Clerk/Administrative Manager
Andrew Keen, Finance Director/Treasurer
Fabricio Drumond, Police Chief
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, Vice Mayor Stovall, and Mayor
Grose present, and Council Member McCarty and
Council Member Mullins absent.
After a Moment of Silence, Council Member
Liles led the Pledge of Allegiance to the U.S. Flag.
Under upcoming community events/
announcements, and Council Activities, Council
Member Liles announced the following: June 18 –
Vinton Area Chamber of Commerce will be at the
2024 Regional Networking Event at the Salem
Memorial Ballpark from 11 a.m. – 2 p.m.; June 19
– Town offices will be
Juneteenth; June 22 -
That 80’s Band at the Vinton Farmers Market from
7 p.m. – 10 p.m.; July 4 – Four on the Fourth Race
at 8 a.m., Fourth of July event at 6 p.m., and
Fireworks at 9:30 p.m. at the Vinton War Memorial.
Council Member Liles encouraged everyone to visit
the
entertainment venues
social media and website for more information.
Vice Mayor Stovall announced the following
Council activities: June 5 –
McCarty and Council Member Mullins attended the
Breast Cancer Walk Committee Meeting; June 10
to June 11 – Mayor Grose and Vice Mayor Stovall
attended the Small Towns Conference with Town
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Sexton in Abingdon, Virginia; June 12 – Council
Member Liles and Council Member McCarty
attended the Community Development Committee
Meeting and June 13 –
attended the Chamber After Hours event.
Vice Mayor Stovall made a motion to approve
the Consent Agenda as presented; the motion was
seconded by Council Member Liles and carried by
the following vote, with all members voting: Vote 3-
0; Yeas (3) – Liles, Stovall, Grose; Nays (0) –
None; and Absent (2) – McCarty, Mullins.
June 4, 2024; Adopted Resolution No. 2595
appropriating funds in the amount of $7,227.07
from the Revenue Account 200.1901.001 –
Department Operating Budget 10031104-
505000 –
Resolution No. 2596 appropriating funds in the
amount of $7,700.74 from the Revenue Account
200.1901.001 – Recoveries and Rebates to the
10031104-505000 – Maintenance and Repair of
Equipment to repair vehicle 1136.
Under awards, introductions, presentations,
and proclamations, Chief Drumond recognized the
Police Department’s 2023 Award Winners in which
officers voted internally. Chief Drumond
recognized Sergeant Jeremy Shrewsb
winning the DUI Award, Officer Andrew Hagy for
winning the Life Saving Award, Sergeant Brandon
Saving and Officer of the Year Award. Chief
Drumond made
appreciation, and honored each award winner.
Council Member Liles
Mayor Grose expressed appreciation towards the
Police Department
winners.
Under citizen's comments and petitions, Mayor
Grose made a statement regarding the recent
property acquisition at 935 3rd
Virginia 24179 by an organization that has listed its
business as women’s healthcare
rumored that
clinic. Mayor Grose stated that the Town of Vinton
did not recruit this business and was not aware of
the possible intention to perform abortions at this
site until recently. Mayor Grose stated that he is not
aware that the Council can do anything to stop the
business from proceeding with its plans. Given the
recent United States Supreme Court ruling,
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state of Virginia. Mayor Grose welcomed citizen
comments.
Katy Notebaer, resident of 600 Olney Road, Vinton
Virginia 24179, commented on her opposition to
the clinic being in the Town.
Ann Russell, resident of 342 Stonebridge Drive,
Vinton, Virginia 24179, and representative of Blue
Ridge Women's Center
opposition to the clinic being in the Town.
Phil Buchy
Road, Roanoke, Virginia 24019 made comments
on his opposition to the clinic being in the Town.
Barry Witt, resident of 3041
Roanoke, Virginia 24014 made comments on his
opposition to the clinic being in the Town.
Jack Hooten, resident of 3822 Bandy Rd Roanoke,
VA 24014, commented on his opposition to the
clinic being in the Town.
Council Member Liles, Vice
Mayor Grose expressed appreciation for the citizen
comments and coming to the meeting.
The next item on the agenda was the
Consideration of public comments concerning the
proposed amendment to the Town of Vinton’s FY
2023-
maintenance projects, contractu
opened the Public Hearing at 6:52 p.m.
Deputy Town Manager Sexton commented that
June had become a busy month estimating the
projected revenues for the year-end.
The total amount estimated
amendment is approximately $1.5 million.
Approximately $1.3 million
revenue
were performed this time last year. The
appropriation is l
package. Half of the $1.5 million is for paving the
roads. $780,000 is for one-off opportunity projects.
$316,000 is for salary and fringes, midyear
Public Hearing Opened
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$400,000 is for maintenance, repairs, materials,
and supplies. These are all estimated based on the
projected revenues.
Town Manager Peters commented on the report
and expressed appreciation toward Mr. Sexton and
Mr. Keen for their work. Mr. Peters commented that
these items have been discussed with the Council
previously.
without Council’s knowledge.
expressed appreciation to the
support.
Council expressed appreciation toward Town staff
for their work on the budget.
Hearing no comments, the Mayor closed the Public
Hearing at 7:02 p.m.
Council Member Liles made a motion to amend
the Town of Vinton’s FY 2023-
contractual services, and materials and supplies in
the total amount of $1,533,539.00 in the General
Fund; the motion was seconded by
Stovall carried by the following roll call vote, with all
members voting: Vote 3-0; Yeas (3) – Liles, Stovall,
Grose; Nays (0) – None; and Absent (2) – McCarty,
Mullins.
Public Hearing Closed
Approved Resolution No. 2597 amending the
Town of Vinton’s FY 2023-
personnel expenditures, maintenance projects,
contractual services, and materials and supplies
in the total amount of $1,533
General Fund
Under items requiring action under the agenda,
there was a motion to consider the adoption of a
Resolution
execute a Collaboration Agreement with the Vinton
Museum.
Town Manager Peters commented that it has been
five years since the collaboration agreement was
signed with the Historical Society. President of the
Historical Society, Randy Layman, and his board
have reviewed the collaboration agreement and
accepted the terms. Mr. Layman was available at
the meeting for questions.
Vice Mayor Stovall made a motion to approve
the Resolution
execute a Collaboration Agreement with the Vinton
Approved Resolution No. 2598 authorizing the
Agreement with the Vinton Historical Society to
operate the Vinton History Museum
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Member Liles, carried by the following roll call vote,
with all members voting: Vote 3-0; Yeas (3) – Liles,
Stovall, Grose; Nays (0) – None; and Absent (2) –
McCarty, Mullins.
Under items requiring action under the agenda,
there was a motion to consider the adoption of a
Resolution
execute a Contract for Professional Legal Services
between the Town of Vinton and Roanoke County
Commonwealth’s Attorney.
Town Manager Peters commented that the
Commonwealth Attorney
required to represent the Town on all felonies and
substances. The compensation the Town provided
has not kept up over the years.
Commonwealth’s
develop an agreement. The Commonwealth’s
Attorney agreed to the terms and the agreement
will be in effect on July 1, 2024.
Council Member Liles
approve the Resolution
Roanoke County Commonwealth’s Attorney
motion was seconded by Vice Mayor Stovall,
members voting: Vote 3-0; Yeas (3) – Liles, Stovall,
Grose; Nays (0) – None; and Absent (2) – McCarty,
Mullins.
Approved Resolution No. 2599 authorizing the
Professional Legal Services between the Town
Commonwealth’s Attorney
Under items requiring action under the agenda,
there was a motion to consider the adoption of a
Resolution
Fund and have the outstanding accounts removed
from the active records and placed in a permanent
file where, if the opportunity arises, the accounts
may be collected.
Mr. Keen commented on approaching the two-year
mark of the water system being transferred over to
commented that the Town
fund for the past two years to finish out contractual
agreements
had begun prior to the transfer. The Town is ready
to close out the Utility Fund. The first step would be
to write off the entire balance that is there so that it
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would be moving the fund balance to the General
Fund.
Vice Mayor Stovall made a motion to approve
the Resolution
Fund and have the outstanding accounts removed
from the active records and placed in a permanent
file where, if the opportunity arises, the accounts
may be collected
Council Member Liles, carried by the following roll
call vote, with all members voting: Vote 3-0; Yeas
(3) – Liles, Stovall, Grose; Nays (0) – None; and
Absent (2) – McCarty, Mullins.
Approved Resolution No. 2600 authorizing the
outstanding accounts removed from the active
records and placed in a permanent file where, if
collected.
Under reports from committees, Mr. Keen
commented that due to a last-minute cancelation,
there was not enough time to reschedule or update
the agenda to notify the public of the cancelation of
the Finance Committee meeting.
Under reports from committees, Town Manager
Peters reported on the June 12, 2024, Community
commented that there was a discussion on Twin
Creeks Brewing Company’s loan forgiveness and
performance agreement.
dissolve the Revolving Loan Program. The Town
Creeks has a balance of about $10,000 left in the
loan program. The plan is to take action at the July
2, 2024, Council Meeting on the forgiveness of the
Redevelopment Project update in which the Town
is using EPA Brownfield funds to do some design
plans. Mr. Peters commented on West Lee Avenue
in which there is a proposal to redevelop the public
alleys and provide access to the public right away.
This will be further discussed and then brought to
Council. Mr. Peters commented on the SmartScale
Roundabout. The Town estimates this project will
be around $20 million. This project is not going to
construction any time soon, but the plans are being
worked on. Mr. Peters commented on the A&E On-
Call Contract which will help the Town have an on-
call list for all contractors rather than creating an
RFP for each individual project
Projects Director Jamie Hurt will be providing an
update to the
Playground at the July 2, 2024, Council Meeting.
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Boulevard crosswalk is about to wrap up, and the
contractors are just waiting for the flashing
beacons and ADA ramps. Mr. Peters commented
that the contractors for the Glade Creek Greenway
are working on the water line.
commented on the first advisory committee
meeting on Thursday for the 2050 Comprehensive
Plan. Mr. Peters commented on the collaboration
agreement with the Vinton Chamber of Commerce.
This will be reviewed by both parties
brought to Council for approval.
Fourth Race and the Fireworks.
working with Pollard 107 South and Pok-e-Joes on
closing the streets while they work on getting an
extended ABC license to provide alcohol outside
their buildings.
the renovations for the War Memorial. The Town is
having to hire some architects to do structural
analyses and some design-level detail. Based on
design elements the Town will apply for necessary
building permits and seek bids for subcontractors.
Town Manager Peters commented that the
Mountain View Road project started this week. The
project updates are on the transportation page on
the Town website. There are two road closures on
Niagara Road. The Town made some alterations to
the detour. There was a sinkhole at the intersection
with Wyndham Drive.
Council commented on the Fourth of July,
Roanoke Regional Partnership, and Mountain
View Road.
adjourn the meeting; the motion was seconded by
Vice Mayor Stovall
vote, with all members voting: Vote 3-0; Yeas (3) –
Liles, Stovall, Grose; Nays (0) – None; and Absent
Meeting adjourned
APPROVED:
_________________________________
Bradley E. Grose, Mayor
ATTEST:
_________________________________
Antonia Arias-Magallon, Town Clerk
Meeting Date
July 2, 2024
Department
Planning and Zoning
Issue
Recognition of the Roanoke County 2024 National Association of Counties (NACo) Achievement
Award for the Town of Vinton Stormwater Outfall Management Application program.
Summary
Each year, NACo’s Achievement Awards recognize outstanding programming in 18 categories
aligned with the vast, comprehensive services counties provide. The categories include children and
youth, criminal justice and public safety, libraries, management, information technology, health, civic
engagement and more. Launched in 1970, the program is designed to celebrate innovation in county
government. Each nominated program is judged on its own merits and not against other applications.
In April 2024, Roanoke County’s Information Technology GIS Team submitted the Town of Vinton’s
Stormwater and Outfall Management Application for a NACo Award. The application, created by
Roanoke County’s Information Technology GIS Team, allows the Town’s field personnel to
move away from time consuming paper documen t entry with possible transcription errors, to a
dynamic ArcGIS FieldMaps application using web services to collect data.
The County’s GIS Team shared with us that the award was made possible by the partnership
between the Town’s stormwater and the County’s GIS personnel throughout the development
and implementation of the application.
Attachment
NACo 2024 Achievement Award Winner Certificate.
Recommendations
Town Council recognition of the County’s GIS Team and Town’s personnel that were involved in the
development and implementation of the application.
Town Council
Agenda Summary
The National Association of Counties is proud to award
Roanoke County, Va.
A 2024 Achievement Award for its program titled:
Town of Vinton Stormwater Outfall Management Application
Meeting Date
July 2, 2024
Department
Community Programs
Issue
Recognition
Summary
Community Programs was recognized with The Roanoker 2024 as Best in Service. Town Council
and staff would like to recognize Community Programs’ staff for their achievement.
Attachments
None
Recommendations
No Action Required
Town Council
Agenda Summary
Meeting Date
July 2, 2024
Department
Police
Issue
Introduction of Police Officer Wyatt Cobler
Summary
Chief Drumond will introduce the new officer. The officer was sworn in on June 26, 2024.
Attachments
None
Recommendations
No Action Required
Town Council
Agenda Summary
Meeting Date
July 2, 2024
Department
Capital Projects
Summary
Jamie Hurt will update Council on the Vinton Community Park.
Attachments
No attachments.
Recommendations
No recommendations.
Town Council
Agenda Summary
Meeting Date
July 2, 2024
Department
Planning and Zoning
Issue
Briefing on proposed amendments to the Vinton Zoning Ordinance.
Summary
The proposed amendments would: require for an alternative financial institution use to obtain a
special use permit in the GB General Business District, and allow for a personal service business
use to be permitted by-right in the R-B Residential-Business District in Article IV (District
Regulations); amend the standards for vehicle storage or impound lots in Article V (Supplemental
Regulations); amend the yard and screening requirements for swimming pools, tennis, or
pickleball courts, amend the standards and permitted modifications of the landscaping ordinance
section, and remove the maximum motor vehicle parking requirements in Article VI (Development
Standards); and amend the definition of flea market in Article XI (Definitions).
The Planning Commission public hearing was held on Monday, July 1, 2024, and the Town
Council public hearing is scheduled to be held on Tuesday, July 16, 2024.
Attachments
Staff Report
Recommendations
No Action Required
Town Council
Agenda Summary
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Town of Vinton Planning and Zoning
Proposed Zoning Ordinance Amendments
INTRODUCTION TO PROPOSED AMENDMENTS
The following proposed amendments include revisions and additions within four articles of the
Zoning Ordinance that was adopted in 2022. These amendments are being proposed to
update/refine specific code language to assist with the administration of the ordinance pertaining
to site plan reviews and other development-related processes. Additionally, certain use regulations
and development standards are proposed to be amended to promote a positive commercial market
landscape in specific zoning districts in the Town and align with the purpose/intent of these
respective districts.
Specifically, the proposed amendments are:
1. An alternative financial institution use will be required to obtain a special use permit (SUP)
in the GB General Business District.
2. A personal service business use will be permitted by-right in the R-B Residential-Business
District in Article IV (District Regulations).
3. Amend the standards for vehicle storage or impound lots in Article V (Supplemental
Regulations).
4. Amend the yard and screening requirements for swimming pools, tennis, or pickleball
courts.
5. Amend the standards and permitted modifications of the landscaping ordinance section.
6. Remove the maximum motor vehicle parking requirements in Article VI (Development
Standards).
7. Amend the definition of flea market in Article XI (Definitions).
ALTERNATIVE FINANCIAL INSTITUTIONS (GB GENERAL BUSINESS)
Definition:
• Alternative Financial Institution. Check cashing establishment (as a primary use), motor
vehicle title lender, payday lender, or precious metals dealer, as defined in this Article.
o Check cashing primary use. Person or establishment engaged in the business of
cashing checks, drafts or money orders for compensation, and registered with the
state corporation commission pursuant to Code of Virginia.
o Motor vehicle title lender. Establishment engaged in the business of lending money
secured by a non-purchase interest in a motor vehicle.
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o Payday Lender. Establishment, other than a bank, credit union, or savings and loan,
engaged in the business of making short-maturity loans on the security of a check,
any form of assignment of an interest in the account of an individual at a depository
institution, or any form of assignment of income payable to an individual, other
than loans based on income tax refunds.
o Precious metals dealer. Any person or establishment defined as a dealer in the
Vinton Town Code Sec. 74-30 that is not accessory to a jewelry or coin store.
Proposed district regulation requirement includes:
• General-Business (GB): allowed by right would be changed to permitted only by special
use permit.
Justification:
• The “alternative financial institution” use was added to the Zoning Ordinance in 2022 and
was adopted as a use that was permitted by-right in the GB General Business zoning
district. Currently, this use requires a special use permit to operate in the CB Central
Business district. When reviewing the purpose of the GB General Business district and
analyzing market trends in the Town of Vinton and the Greater Roanoke region, it is the
recommendation of Town staff that this use have a special use permit requirement. The
special use permit 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 the
Zoning Ordinance.
PERSONAL SERVICE BUSINESSES (R -B RESIDENTIAL -BUSINESS)
Definition:
• Personal service business. An establishment or place of business providing a service
directly to persons or involving the repair, alteration, maintenance, cleaning or customizing
of personal property worn by or carried on a person, and including health spas, fitness
centers, shoe repair shops, tailor and dressmaking shops, travel agencies, clothing rental
stores, watch and jewelry repair shops, photographic studios, studios for music, dance or
martial arts instruction, tattoo parlors, hobby and craft instruction, and similar uses.
Proposed district regulation requirement includes:
• Residential-Business (R-B): required by special use permit would be changed to permitted
by-right.
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Justification:
• Currently, the “personal service business” use requires a special use permit in the R-B
residential business district. When reviewing the use table, Town staff have identified
multiple uses that are permitted by-right in this zoning district that are more intensive (e.g.
banks, medical office, etc.) than a business or operation that would be classified as a
“personal service business.” With the definition being refined and clarified during the 2022
adoption process, Town staff recommend this change to allow for businesses and
operations to be permitted by-right in this zoning district without having to go through the
process of obtaining a special use permit.
VEHICLE STORAGE & IMPOUNDMENT LOT SETBACKS
Proposed additional standard relating to setbacks:
• “Outdoor activities related to the use shall not be conducted within five feet of any side or
rear property lines, and all areas devoted to the storage, parking, or circulation of vehicles
shall be separated ten feet from public street lines.”
Justification:
• The additional standard is being proposed as a maintenance measure to assist with
administering the Zoning Ordinance. There is currently a lack of clarity concerning the
setbacks for these types of operations and activities, especially because many of these
establishments do not have physical structures on their properties.
YARD & SCREENING FOR POOLS, TENNIS, OR PICKLEBALL COURTS
Proposed Amendments:
• Add “pickleball” courts to the list of uses that fall in the same category for regulations
concerning tennis courts.
• Clarification on the front and side yard setbacks for swimming pools, tennis, or pickleball
courts. Additionally, clarification that such uses must be located behind the front building
line of the principal structure.
• Add screening language that coincides with the standards found in the Landscaping
Ordinance.
Proposed Section Language/Revisions:
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Justification:
• The amended yard and screening requirements are being proposed as a maintenance
measure to assist with administering the Zoning Ordinance. It is important to note that the
respective setback and screening requirements are already in force in the current
Ordinance; however, adding the language to this specific section allows for less navigation
of the zoning texts and provides these standards and regulations in a singular location.
LANDCAPING ORDINANCE AMENDMENTS
Proposed Amendments:
• Add a definition of the “limits of construction” for the application of the canopy coverage
requirements.
• Add a modification opportunity for the Zoning Administrator to alter the size and location
of the limits of construction to be used in meeting the minimum canopy coverage
requirements.
• For the adjacent right-of-way/street side plantings, add the requirement that the planting
strip is to be established between the site development area or areas devoted to the parking
of circulation of vehicles and the adjacent right-of-way. Previously, the requirement was
only for this planting strip to be required between parking areas and the adjacent right-of-
way.
Justification:
• The added definition, modification opportunity, and planting requirement are being
proposed as a maintenance measure to assist with administering the Zoning Ordinance.
Currently, there is not a definition of the “limits of construction” in the Ordinance. The
industry-standard is to tie the “limits of construction” directly to the “limits of disturbance”
for a development of project. However, when conducting site plan development reviews,
Town staff have encountered certain scenarios when the limits of disturbance covers such
a large land area that it no longer serves the original intent of the landscaping ordinance,
and specifically the canopy coverage requirements. With this said, Town staff are
additionally recommending a modification opportunity to accommodate for specific
situations when the limits of construction conflicts with the intent of the ordinance due to
potential size or location of the development.
• The final recommendation clarifies that adjacent right-of-way/street side plantings are
required between site development areas and the adjacent right-of-way. Previously, the
requirement was only for this planting strip to be required between parking areas and the
adjacent right-of-way.
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MAXIMUM VEHICLE PARKING REQUIREMENTS (REMOVAL)
Proposed Amendments:
• Remove the maximum motor vehicle parking requirements entirely from the off-street
parking requirements section. The minimum motor vehicle parking requirements will be
preserved.
Justification:
• The maximum motor vehicle parking requirements were previously added to minimize the
adverse impacts caused by improving large areas with impervious surfaces, including
increased stormwater run-off, urban heat island effects, and nonpoint source pollution.
When administering these provisions for development projects, Town staff have found that
having both minimum and maximum parking requirements in the Ordinance causes both
complex and difficult to achieve design measures and targets. Additionally, with Roanoke
County being the Town’s VSMP Administrator, all development projects are required to
address stormwater impacts, both in the realm of water quantity and quality. With existing
codes and measures in place to address the adverse impacts described previously relating
to stormwater and pollution, Town staff are recommending that all provisions relating to
maximum motor vehicle parking requirements be removed.
REVISED FLEA MARKET DEFINITION
Original “flea market” definition:
• “Flea market. An occasional or periodic market conducted in an open area or in buildings
or structures, where groups of individual sellers offer a variety of goods for sale to the
public and where there are ordinarily no long-term leases of selling space between sellers
and operators.”
Revised “flea market” definition:
• Add “vendor market” as being synonymous with the definition of “flea market.”
• Proposed definition:
Justification:
• The proposed revision to the “flea market” definition will clarify the specific operations,
nature, and functionality of an establishment that would cause it to fall into this use
category. Additionally, adding “vendor market” as a synonymous term will remove
ambiguity/confusion that is caused by common nomenclatures used to define these types
of establishments. The use will be more specifically defined by the operations and
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functionality of these businesses/operations, and remove the confusion caused by common
terms, appearances, or themes.
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Appendix
Vinton Zoning Ordinance
Proposed Text Amendments
PART II - CODE
APPENDIX B - ZONING
ARTICLE IV. - DISTRICT REGULATIONS
DIVISION 2. MULTIPLE PURPOSE DISTRICTS
Vinton, Virginia, Code of Ordinances Created: 2023-07-24 10:06:41 [EST]
(Supp. No. 17)
Page 1 of 5
DIVISION 2. MULTIPLE PURPOSE DISTRICTS
Sec. 4-4. Purposes of multiple purpose districts.
(a) The purpose of the R-B residential-business district is to accommodate a limited range of offices and similar
uses that are compatible with moderate density residential in order to provide for mixed use and other
alternatives for conversion of dwellings or for new construction in areas that are undergoing change and are no
longer viable as exclusively residential in character. The district is also intended as a means to ease the
transition between residential and commercial areas by providing for a mix of uses and development standards
that are compatible with nearby residential areas.
(b) The purpose of the GB general business district is to accommodate a wide range of retail and service uses
which serve the community as a whole or cater to the traveling public. The district is intended to be applied
along primary traffic routes and to areas having direct access to such routes, in order to provide safe and
efficient access while avoiding the routing of traffic onto minor streets or through residential areas. The
district regulations are designed to afford flexibility in permitted uses of individual sites in order to promote
business opportunities, economic development and the provision of services. The district regulations are also
designed to provide for harmonious development and compatibility with adjacent residential areas.
(c) The purpose of the CB central business district is to provide for the day-to-day and specialty shopping and
service needs of the community. It is intended to be a compact, densely developed and well-defined area
having a strong pedestrian orientation and urban shopping area character that is compatible with adjacent
residential neighborhoods. The permitted uses and regulations of the district are intended to promote an
attractive pedestrian environment with retail, personal service and office establishments at street level and with
minimal disruption from vehicle-oriented land uses and features that would detract from a safe, convenient
and economically viable pedestrian environment. The district is intended to promote continuity of a storefront
character with minimum interruption by driveways and vehicle traffic across public sidewalk areas. The
district regulations are also intended to preserve the predominant scale of the central business area, promote
retention and appropriate use of existing structures and encourage that any new development be compatible
with the area.
(d) The purpose of the P/O public/open space district is to preserve specific areas from private development, as
these areas have been identified as currently undeveloped, unlikely to be developed, or unsuitable for private
development. These areas either have natural conditions of soil, slope, susceptibility to flooding or erosion,
geological condition, vegetation or an interaction between the aforesaid which makes such lands unsuitable for
urban development or which are of a public nature which is inappropriate for private development. In order to
protect the natural environment in these sensitive areas, the permissible uses there are limited to public
recreation-oriented activities. This district is also intended to specify the location of public facilities of a
recreational nature as well as to reserve areas for location of other public facilities.
Sec. 4-5. Use table for multiple purpose districts.
Dwelling, single-family P
Dwelling, two-family P Section 5-30
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Dwelling, two-family, that does not
meet the lot area and/or lot width
Accommodations and Group Living Uses
Commercial Uses: Office and Related Uses
Commercial Uses: Miscellaneous
with outside runs, play yards, pens, or
accessory use of property. This shall
not include the parking or storage of
recreational vehicles, watercraft, utility
trailers, or recreational equipment
Commercial Uses: Retail Sales and Service
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Barber and beauty shops, with
incidental retail sales of related
daycare facility, with outside runs, play
Industrial Uses
Warehousing and Distribution Uses
including wholesale storage or
Assembly and Entertainment Uses
Public, Institutional, and Community Facilities
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Art galleries, supply shops, and custom
frame shops
P P
Bicycle and pedestrian paths and trails P
Cemeteries P
Churches and other places of worship P P P
Day care home, adult P
Day care center, adult P P P
Day care center, child P P P
Day care home, family S
Educational facilities, business schools
or nonindustrial trade school
P P P
Educational facilities, elementary,
middle, and secondary (public or
services, but not including package
Utility and Accessory Uses
"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 multiple purpose
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Sec. 4-6. Dimensional regulations for multiple purpose districts.
Served by public water and public water systems 6,000 None None None
Served by either public water or public sewer systems 20,000 TBD TBD None
Served by private water and sewage disposal systems 30,000 TBD TBD None
Served by public water and public water systems 50 None None None
Served by either public water or public sewer systems 100 TBD TBD None
Served by private water and sewage disposal systems 120 TBD TBD None
Front yard 15 20 None None
Side yard 5* None None None
Rear yard 25 None None None
Front yard None None 15 None
Building or structure
situated within 100 feet of
property located in a
stories,
whichever
situated > 100 feet of
property located in a
stories,
whichever
Lot Coverage Maximum (percentage of lot area)
corner lot.
• A numeric entry means the dimension shall apply based on the unit of measurement indicated.
* A side yard of not less than ten feet shall be provided for a property devoted to a nonresidential use where a
side lot line abuts property in an R-1 or R-2 district.
TBD: Minimum lot area for any use not served by public sewer and public water systems shall be as determined
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Sec. 5-31. Vehicle storage or impoundment lots.
(a) Applicability. The supplemental regulations of this section shall apply to any vehicle storage or impoundment
lot permitted by this appendix, by right or by special use permit.
(b) Standards.
(1) There shall be no storage of any damaged, inoperative, or impounded motor vehicles or trailers for a
period exceeding 120 calendar days, unless documentation is provided that is satisfactory to the zoning
administrator evidencing that such a damaged, inoperative, or impounded motor vehicle or trailer is
the subject of an ongoing law enforcement or insurance investigation or is the subject of a proceeding
being pursued as expeditiously as possible by the establishment operating on the property.
(2) Service and towing vehicles used for the operation of the establishment may also be stored on the
property.
(3) This use shall not include the dismantling, wrecking, repair, or sale of any motor vehicles or trailers or
their parts.
(4) The outdoor storage areas for this use shall be screened in such a way that they are not visible from
surrounding properties or roads. The screening requirements for such areas dedicated to this use are
set forth in article VI, division 5.
(5) Outdoor activities related to the use shall not be conducted within five feet of any side or rear property
lines, and all areas devoted to the storage, parking, or circulation of vehicles shall be separated ten feet
from public street lines.
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Sec. 6-10. Yards and screening for swimming pools and tennis or pickleball courts.
Swimming pools, pool deck areas and tennis or pickleball courts shall be located behind the front building line
of the principal structure and comply with the minimum front and side yard setbacks for the underlying zoning
district. The minimum rear yard for swimming pools, pool deck areas, and tennis or pickleball courts shall be five
feet. not be located within required front and side yards. Swimming pools, pool deck areas or tennis or pickleball
courts accessory to any use other than a single-family dwelling and situated within 50 feet of adjacent property in a
residential district shall be screened from such property by solid walls, fences or evergreen vegetative material not
less than six feet in height. Structural and vegetative screening shall follow the standards for buffer yard planting
and screening set forth in article VI, division 5.
PART II - CODE
APPENDIX B - ZONING
ARTICLE VI. - DEVELOPMENT STANDARDS
DIVISION 5. LANDSCAPING, SCREENING, AND BUFFER YARD REQUIREMENTS
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DIVISION 5. LANDSCAPING, SCREENING, AND BUFFER YARD REQUIREMENTS
Sec. 6-18. Purpose.
(a) Purpose. The purpose of this section is to provide for landscape planting. Landscaping standards are intended
to:
(1) Promote public health, safety and resilience;
(2) Prevent soil erosion;
(3) Provide shade;
(4) Conserve natural resources;
(5) Enhance the overall appearance of development sites;
(6) Mitigate potential negative impacts from development on adjoining lands;
(7) Provide a transition between private lands and the public realm;
(8) Create an attractive edge along the street for motorists and pedestrians; and
(9) Improve stormwater infiltration in certain locations.
Sec. 6-19. Applicability.
Applicability. All of the following types of development shall comply with the standards in this section:
(1) The requirements of this division apply to any development for which a site plan review is required by
article VIII, division 3, "Site Plan Review."
(2) The town council shall also have the authority to apply any of these requirements as a condition of a
special use permit approved by the council.
Sec. 6-20. Enforcement procedures and penalties.
(a) All landscaping, buffering, and screening materials must be in place prior to issuance of a certificate of zoning
compliance. In situations where a building, structure, or property, must be occupied or used prior to
completion of landscaping requirements, the town may issue a temporary or partial certificate of zoning
compliance. A bond in the amount of 40 percent of the total cost of landscaping shall be held until final
zoning approval.
(b) Any violations shall be subject to article VIII, division 5 of the Town of Vinton Zoning Ordinance.
Sec. 6-21. Landscaping plan.
(a) Landscaping plan. A landscaping plan shall be submitted with an application for any development subject to
the requirements of this section. The plan shall depict how the proposed development complies with the
standards of this section.
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(b) Landscaping plan preparation. A landscaping plan, when required through site plan review, shall be prepared
by a Virginia licensed landscape architect, Virginia certified landscape designer, certified horticulturist or
arborist, or professional engineer.
(c) Proposed planting chart shall be indicated on the landscaping plan. A landscape planting chart showing the
planting schedule, minimum size at planting, total canopy percentage, species, and total canopy coverage for
the site.
Sec. 6-22. General standards for landscaping and screening.
(a) General requirements.
(1) Acceptable vegetative ground cover consists of shrubs and ground cover including grass. Using
standards from recognized texts on the subject, the zoning administrator shall decide the
appropriateness of any such trees and ground cover.
(2) Species of trees shall not be planted if the roots cause damage to public utilities, the branches are
subject to a high incidence of breakage, or the fruit is considered a nuisance or high maintenance, as
determined by the zoning administrator.
(3) Landscaping within a sight distance triangle shall not include any evergreen tree and, furthermore,
shall not include shrubs or ground cover exceeding 30 inches in height above the graded ground level.
(4) When a determination of the number of required trees or shrubs, as set forth in this division, results in
a fraction, any fraction shall be counted as one tree or shrub.
(5) If the development of any portion of a lot includes the creation of a slope of two to one, horizontal to
vertical, or greater, such slope shall be planted with vegetative cover, subject to determination of the
zoning administrator that the methods of planting will hold the soil in place and that the proposed
vegetative cover and rate of planting will ensure stabilization of the slope.
(6) Trees planted to meet any of the requirements below may also be used to meet any other screening or
landscaping requirement within this article.
(b) Planting materials. Where landscaping is required by this division, the following standards shall apply:
(1) Trees used to meet the requirements of this division shall be selected from the current list of landscape
trees approved and published by the zoning administrator. Such list shall specify minimum height or
minimum caliper at planting, the 20-year canopy of trees in square feet, and the suitability of each
species for parking areas, site canopy, or buffer yards.
(2) Existing vegetation which meets the standards prescribed by this division, as determined by the zoning
administrator, may be preserved and may be used to meet some or all of the landscaping
requirements. Any existing vegetation to be preserved and incorporated into the landscape must be
adequately protected during construction to insure their survival, as specified in the protection and
preservation methods section below (section 6-23).
(3) All required landscaping materials shall meet the specifications and standards of the AmericanHort,
previously the American Nursery and Landscape Association. Native plantings are encouraged when
compatible with the surrounding land use. Every effort should be made to incorporate healthy existing
trees into the landscape and avoid the use of highly invasive species.
(4) Where the planting of trees which have a height at 20-year maturity which would interfere with
overhead utility lines, the zoning administrator may, as a part of development plan approval, permit
the substitution of trees with a lesser height at maturity, provided the substitute trees shall be
provided at a rate that will result in the same amount of total tree canopy.
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(c) Installation. The installation of required tree canopies, landscaping, buffering, and screening shall meet the
following requirements:
(1) Landscaping required by this ordinance shall be planted during an opportune planting season, and shall
be in place and in good condition prior to a final certificate of zoning compliance being issued for the
site.
(2) The planting of trees shall be done in accordance with either the standardized landscape specifications
jointly adopted by the Virginia Nursery and Landscape Association, the Virginia Society of Landscape
Designers, and the Virginia Chapter of the American Society of Landscape Architects, or the road and
bridge specifications of the Virginia Department of Transportation.
(3) Minimum tree and shrub size. New and existing tree and shrub types shall be defined by the height,
caliper, and diameter at breast height per the table below, Minimum Tree and Shrub Size.
Table 1. Minimum Size and Spacing Requirements
Height at Planting Final Height Screening and
Spacing
Requirements
(4) Maintenance. After approval by the zoning administrator that all landscaping required by this appendix
is complete and in healthy condition, the property owner shall be responsible for the ongoing
protection and maintenance of all required landscaping in a manner that complies with the
requirements of this appendix and in conformance with the approved development plan. Where
necessary to comply with the requirements of this appendix and the approved development plan, dead
or damaged landscaping materials shall be replaced by the property owner within six months of
notification by the town.
Sec. 6-23. Protection and preservation methods.
(a) Vegetation designated for protection and/or preservation shall be enclosed in a protection zone which
establishes limits of construction disturbance to the root area of designated plant material. All protection
zones and measures shall be established to the satisfaction of the zoning administrator. During construction,
plastic or wood fencing shall be installed at the perimeter of all protection zones.
(1) Vegetation of specimen quality, historic designation or cultural value: Provide extraordinary measures
to ensure complete protection/preservation.
(2) Type of material specified may vary due to site-specific determinants. Silt, erosion control, or
geotechnical fabric materials are not acceptable for use as vegetation protection.
(b) Areas designated for protection and/or preservation shall not be violated throughout the entire construction
period by actions including, but not limited to, the following:
(1) Placing, storing, or stockpiling backfill or construction related supplies.
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(2) Felling trees into the designated area.
(3) Burning within or in close proximity.
(4) Modifying site topography in a manner which causes damage by collection/ponding or flow
characteristics of site drainage.
(5) Trenching or grading operations.
(6) Operating equipment or machinery.
(7) Parking of construction vehicles.
(8) Temporary or permanent paving or impervious surface installation.
(9) Temporary or permanent utility construction installation.
(10) Disposal of construction debris or chemical pollutants.
(c) Work or construction related activities within areas designated for protection and/or preservation of existing
vegetation shall be accomplished only with prior approval of the zoning administrator.
Sec. 6-24. Canopy coverage requirements.
(a) Definition of tree canopy. For purposes of this section, "tree canopy" shall include all areas of coverage by
existing plant materials exceeding five feet in height, and the extent of planted tree canopy at maturity shall
be based on the "canopy at 20 years" as set forth in the current list of landscape trees referenced above in
section 6-22.
(b) Definition of limits of construction. For purposes of this section, the “limits of construction” shall be the
limits of disturbance established for a development project.
(cb) Trees shall be provided within the limits of construction to the extent that at 20 years from the date of
planting, tree canopies or covers will provide at least the following minimums:
Table 2. Canopy Coverage Requirements by District
Zoning District Tree Canopy
(dc) Existing trees or wooded areas which are to be preserved, at the applicants option may be included to meet
all or part of the canopy requirements, provided the site plan identifies such trees and the trees meet the
standards of size, health, placement, etc. set out in this section. The zoning administrator shall evaluate the
use of existing trees to ensure they have adequate health and strength to allow such use.
(ed) Existing trees designated to be included as part of these requirements shall be protected during construction
by fencing placed at a distance in feet equal to or greater than the diameter of the tree in inches at the
height of 4½ feet.
(fe) This section does not replace, or negate full compliance with, the requirements of any other section of this
appendix. However, if the trees provided to satisfy the requirements of street yard trees (section 6-26),
buffer yards (section 6-28), and parking areas (section 6-25) equal or exceed the tree canopy required by this
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section, no further planting of trees or tree replacement is required in order to comply with the
requirements of this section.
Sec. 6-25. Parking lot landscaping.
(a) The following provisions are intended to require that five percent of the entire parking lot, excluding the
access drive, be landscaped with trees and vegetative ground cover. The area of the parking lot is the square
foot area of the parking spaces and aisles and interior parking lot islands, excluding access drives that do not
contain either parallel or perpendicular parking spaces.
(b) Within the parking lot, there shall be planted one tree per ten spaces, rounded down to the closest whole
number.
(c) Planter islands or peninsulas containing trees shall be located within the parking lot, such that each island or
planter is surrounded on at least three sides by parking lot or an access road to the parking lot. Their
minimum size shall be 162 square feet in area, or equal total area in irregular shapes such that adequate
space is provided for adequate tree canopy maturation and protection of the landscaping materials planted
therein.
(d) Planter islands may be combined or placed together such that more than one tree may be provided in the
combined planter island, so long as the total space equals a multiple of the requirements above.
(e) Perimeter plantings may be used to satisfy this requirement in parking facilities less than 42 feet in width.
(f) Perimeter planting beds at least ten feet in width shall be provided whenever a parking area is immediately
adjacent to a public right-of-way. If a question arises as to whether or not a parking area is immediately
adjacent to a public right-of-way, the zoning administrator shall make the determination.
(1) Plantings within this area shall include trees and vegetative ground cover.
(2) Berms may be used in addition to, but not instead of, plantings.
Sec. 6-26. Adjacent right-of-way/street side plantings.
(a) Where a new or expanded development or reconfigured parking area is proposed adjacent to a public street
right-of-way, a planting strip shall be established between the site development area or areass devoted to
the parking or circulation of vehicles and the adjacent right-of-way. The planting strip shall have a minimum
width of ten feet.
(1) In the CB central business district, the required minimum width of this planting strip shall be reduced
to five feet.
(b) Within this planting strip, a minimum of one large deciduous tree shall be planted every 30 linear feet along
the public street right-of-way. Small trees planted every 20 linear feet, may be used where an overhead
power line or other obstruction is present.
(c) The trees shall be planted adjacent to the public right-of-way on the site being developed, or with the
concurrence of the developer and the zoning administrator, in the public right-of-way.
(d) The zoning administrator may reduce or eliminate this standard based on the size, street frontage, existing
vegetation, and specific conditions of the site.
Sec. 6-27. Applicability of buffering and screening requirements.
(a) A buffer yard shall be required of any lot in any zoning district when the lot in that district abuts a zoning
district of lower intensity, as shown on the table in section 6-28.
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(b) Screening shall be provided within a buffer yard to ease the transition of one land use or activity to another,
to achieve the purposes of the buffer yard. Screening may be accomplished through architectural or
vegetative materials by following the requirements and standards set forth in section 6-29.
(c) Screening shall be provided using the standards set forth in section 6-29, in addition to the requirements
listed above, for:
(1) All articles or materials being stored, maintained, repaired, processed, erected, fabricated, dismantled,
or salvaged, such that the activity is not visible from surrounding properties or roads.
(2) The storage, dismantling, or salvaging of any impounded or inoperable motor vehicles associated with
a permitted use such that these activities are not visible from surrounding properties or roads.
(3) Refuse storage and loading areas such that these activities are not visible from surrounding properties
or roads.
(4) Rooftop and ground level mechanical equipment such that it is not visible from surrounding properties
or roads.
(5) All trash dumpsters or containers used for recycling shall be screened so that it is not visible from
surrounding properties or roads. At minimum, the dumpster or container shall be screened on three
sides with architectural screening. Screening shall be based upon the standards above and subject to
the approval of the administrator.
a. Four foot tall architectural screening is acceptable when household style trash containers are
used in place of dumpsters.
(d) Changes in use that require site plan approval, or a change in use of an existing development where an
existing use is replaced with a new more intense use (e.g., from a residential use to an institutional use, or
from a commercial use to an industrial use), shall be subject to these buffering and screening requirements
to the maximum extent practicable.
Sec. 6-28. Perimeter buffer yard standards.
(a) Buffer yard standards.
(1) Location and depth. A buffer yard shall be provided in any case where a side or rear lot line of a lot
abuts or is situated across an alley from property located in a district of lower intensity, as shown on
the following table. The buffer yard shall be provided on the lot in the higher intensity district.
(2) Buffer yards containing specified screening and plantings shall be required between zoning districts of
different intensities as shown in table 3. For each required buffer yard type, the developer of the site
shall choose which option to install based on the requirements shown in table 4. Buffer yards shall be
installed in the higher intensity zoning district.
(3) Required buffer yards shall be located such that they provide a visual and physical barrier between
abutting zoning districts of different intensities and shall buffer and screen all exterior storage, service,
refuse, maintenance, repair, processing, salvage, and other similar areas. No use of the site may be
extended beyond the required buffer yard.
(4) Required buffer yards shall not be located on any portion of any existing or dedicated public or private
street or right-of-way, shall not obstruct the visibility of traffic circulation, and shall not interfere with
the use of adjoining properties.
Table 3. Type of Required Buffer Yard
Zoning District Abutting Zoning District
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R-LD, R-1, R-2, or R-3 RB GB or CB
Table 4. Buffer Yard Requirements
Type of
Buffer Yard
Option 1: Architectural Option 2: Vegetative
row of small evergreen trees evergreen trees, one row of large
row of large evergreen trees, one row of
small evergreen trees
evergreen trees, one row of small
evergreen trees, and one row large of
(5) The buffer yard shall be reserved solely for screening and plantings, except for required pedestrian or
vehicular access driveways to the property, passive recreation areas, or pedestrian or bicycle trails,
which can be accommodated in a manner that preserve the intended screening function between
abutting zoning districts of different intensities. In no case shall any portion of a required buffer yard
be used for parking, service, refuse, storage, maintenance, or any other use that impairs the intended
buffer function.
(6) The property owner or lessee shall have the continuing responsibility to maintain the required buffer
yards, screening and plantings such that they continue to meet the specified standards and intent of
this section. All materials shall be properly installed and of durable construction.
Sec. 6-29. Standards for buffer yard planting and screening.
(a) Planting required by this section for vegetative screening purposes shall be provided in accordance with the
following standards:
(1) Vegetative material shall consist of evergreen shrubs or evergreen trees of such species, size, shape
and spacing as will provide effective visual screening in accordance with the requirements of this
section.
(2) Where necessary to provide the required screening effect, the planting pattern shall be staggered.
(3) Where required, all evergreen shrubs shall have a height of at least 24 inches at the time of planting
and an ultimate height of six feet or more. Some evergreen shrubs that meet these standards are
various types of hollies and junipers.
(4) Where required, each small evergreen tree shall have a height of at least five feet at time of planting
and an ultimate height of 15 feet or greater. Some small evergreen trees that meet these standards are
various types of pines, hollies, upright arborvitae and junipers.
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(5) Where required, each large evergreen tree shall have a height of at least six to eight feet at the time of
planting and an ultimate height of 50 feet or greater. Some large evergreen trees that meet these
standards are various types of pines and hemlocks.
(6) Existing evergreen trees and shrubs which meet the requirements of this section may be counted as
contributing to total planting requirements.
(7) All portions of buffer yard areas not containing plantings shall be seeded with lawn grass of other
approved vegetative ground cover.
(b) Architectural screening required by this section shall be provided in accordance with the following standards:
(1) Screening shall be visually opaque and shall be constructed of a durable material. It shall be installed
within the required buffer yard, and shall be continuously maintained.
(2) Acceptable screening materials shall include stockade fences, decorative masonry walls, brick walls,
and/or earth berms. Chainlink, wire mesh or similar fence material shall not be permitted for required
screening purposes.
(3) Alternate materials may be approved, if in the opinion of the zoning administrator, their characteristic
and design meet the intent and standards of this section.
Sec. 6-30. Modifications.
(a) Screening, landscaping, and buffer yards required by this section shall be applied equally to all similarly
situated properties. The zoning administrator may grant modifications to these standards in writing if the
administrator finds any of the following circumstances exist on the proposed building site, or surrounding
properties:
(1) Natural land characteristics such as topography or existing vegetation on the proposed building site
would achieve the same intent of this section.
(2) Innovative landscaping or architectural design is employed on the building site to achieve an equivalent
screening or buffering effect.
(3) The required screening would be ineffective at maturity due to the proposed topography of the site,
and/or the location of the improvements on the site.
(4) The topography of adjacent and surrounding sites is such as to render required screening ineffective at
maturity.
(5) The size or character of the area or equipment to be screened is such that screening may be ineffective
in carrying out the intention of this section.
(b) When the acreage of a site or the established limits of construction for a is significantly larger than the area
proposed for physical improvements or active usage, buffer yards and canopy coverage shall be reserved as
required by the section. However, to achieve the intent of this section, the administrator may approve an
alternative location and design for required screening and plantings. Additionally, the zoning administrator
may approve altering the size and location of the limits of construction to be used in meeting the minimum
canopy coverage requirements.
(c) When property lines abut an adjacent jurisdiction, the administrator shall determine the specific screening
and buffering requirements along that property line(s) after consideration of the zoning designation and/or
land use of the adjacent property. Requirements shall not exceed those that would be required for similarly
situated/zoned property within the town.
(d) When a site plan is submitted to modify or expand an existing building or site improvements, or
accommodate a change in land use, buffer yard and screening requirements shall only be applied to those
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portions of the site that are directly affected by the proposed improvements, or change in land use, as
determined by the administrator.
(e) The areas of any required buffer yard shall not be required to exceed 15 percent of the site proposed for
development. In such cases, the administrator shall allow the width or location of certain buffer yards to be
reduced or eliminated. The administrator shall require additional landscaping and/or screening within the
remaining buffer yards, or elsewhere on the site.
(f) No landscaping or screening shall be required which in the opinion of the administrator interferes with traffic
safety, or which violates the provisions that govern the establishment of sight triangles.
Sec. 6-31. Credit toward other standards.
(a) Buffer yard areas and associated vegetation within such areas may be credited toward compliance with the
canopy coverage requirements in section 6-24, above.
PART II - CODE
APPENDIX B - ZONING
ARTICLE VI. - DEVELOPMENT STANDARDS
DIVISION 6. OFF-STREET PARKING REQUIREMENTS
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DIVISION 6. OFF-STREET PARKING REQUIREMENTS 1
Sec. 6-32. Number of spaces required.
(a) Generally. The minimum number of off-street parking spaces required for particular uses shall be as set forth
in the following schedule. The requirements shall apply to any new building constructed, any enlargement of
an existing building, any new use established or any conversion of or change in an existing use.
(b) Existing buildings and uses. In the case of any enlargement, expansion or change in an existing building or
use that is nonconforming with regard to these requirements, the required number of spaces shall be the
sum of the spaces provided prior to the enlargement, expansion or change and any additional spaces
required by the schedule as a result of the enlargement, expansion or change.
(c) Requirements in the central business district. Off-street parking shall not be required for uses in the CB
central business district, except hotels, motels, tourist homes and bed and breakfast establishments, and
dwelling units in a building with nonresidential use.
(d) Reduction for on-street parking. The total number of required off-street parking spaces as set forth in
schedule of parking requirements in subsection (f) may be reduced by one space for every 20 feet of lot
frontage on a street to the extent that on-street is permitted along the same frontage. The Vinton Public
Works Department shall determine if on-street parking is permitted along the said frontage used for this
reduction.
(e) Reduction for proximity to public transit. Where a use is located within 1,200 feet of a public transit route,
the total number of required off-street parking spaces, unassigned to specific persons, may be reduced to 80
percent of that otherwise required as set forth in the schedule of parking requirements in subsection (f). For
the purpose of this provision, the distance shall be measured from the public transit route to the property
line of the use via a normal pedestrian route of travel.
(f) Schedule of parking requirements.
Table 6-32.1. Schedule of Parking Requirements
Use Number of Spaces Maximum
Parking
Accessory Uses
Residential Uses
1Cross reference(s)—Parking generally, § 90-101 et seq.
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Accommodations and Group Living
Commercial Uses: Office and Related Uses
Commercial Uses: Miscellaneous
Commercial Uses: Retail Sales and Service
1 space for every 1,000 sq. ft. of greenhouse or
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furniture, household fixtures, carpet, swimming
Industrial
Warehousing and Storage
table area, then 1 space for every 10,000 sq. ft. of
area, then 1 space for every 10,000 sq. ft. of
Assembly and Entertainment
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Public, Institutional or Community Facilities
a structure, unless otherwise noted in the table.
"Y" means the maximum parking regulations set forth in section 6-43 shall apply.
Sec. 6-33. Method of determining number of spaces.
For purposes of determining the number of off-street parking spaces required for a particular use, the
following rules shall apply:
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(a) Floor area shall include the area of the floor space devoted to the use, including space used for related
incidental purposes, and shall be measured along exterior faces of enclosing walls or, in the case of
different uses in attached buildings or in the same buildings, shall be measured along the center lines
of shared walls.
(b) Number of employees or staff shall be construed as the maximum number of persons employed on any
working shift.
(c) When computation of required number of spaces results in a fractional number, the required number
of spaces shall be the next whole number.
(d) When a building or premises is devoted to more than one use, the total number of spaces required
shall be the sum of the spaces required for each use.
(e) Required off-street parking spaces may be provided within garages, carports or enclosed building space
when the provisions of this article pertaining to dimensions and accessibility of spaces are met.
(f) The minimum number of off-street parking spaces required for a use not specifically listed on the
schedule shall be as required for the most similar use listed as determined by the zoning administrator.
Sec. 6-34. Location of required parking spaces.
Required off-street parking spaces shall be located on the same lot or on a contiguous lot under the same
ownership as the use for which they are required, provided that spaces for any use in the CB, GB, MUD, M-1, or M-
2 district, where applicable, may be located off the premises in the form of off-site, off-street parking, when all of
the following conditions are met:
(a) The parking area within which such parking spaces are provided shall comply with the use regulations
and all other requirements of the district in which it is located;
(b) All such parking spaces shall be located within 500 feet by normal pedestrian route of a principal
entrance to the building they serve. For the purpose of this requirement, the distance from off-street
parking spaces to the lot served shall be measured from the nearest parking space to the principal
entrance to the building on the lot of the use served;
(c) Off-site, off-street parking shall be designated for the purpose of the off-site use it serves and shall not
be used to meet the minimum off-street parking requirements of another use, unless the zoning
administrator determines that the uses for which the off-street parking spaces are designated do not
constitute simultaneous use of the parking spaces;
(d) The off-site, off-street parking area shall either be owned by the owner of one of the uses or leased for
at least a 20-year term or through a permanent easement by the owner of the uses being served;
(e) No changes shall be made to the shared parking area which would reduce the parking provided for the
uses, unless the owner of one of the uses makes other arrangements to provide parking. No such
changes shall be made without zoning administrator approval;
(f) Handicap parking spaces cannot be shared, unless the uses that are to share the spaces are adjacent to
the handicap spaces and no inconvenience to the users of such spaces would be created;
(g) Any proposed change in the use of a structure that shares a parking area will require proof that
adequate parking is available. Should ownership or lease agreement terminate, the use for which off-
site parking was provided shall be considered nonconforming and any and all approvals, including a
special use permit, shall be subject to revocation. Continuation or expansion of the use shall be
prohibited unless the use is brought into compliance with the parking regulations of this appendix.
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Sec. 6-35. Parking space dimensions.
(a) Minimum dimensions. Required off-street parking spaces shall be not less than nine feet in width and 18 feet
in length, except that spaces arranged parallel to their means of access shall be not less than eight feet in
width and 22 feet in length. The width and length of parking spaces shall be measured perpendicular to one
another so as to form a rectangle with dimensions as required herein. Parking spaces required to be
accessible to persons with disabilities by the provisions of the Virginia Uniform Statewide Building Code shall
comply with the requirements of that code.
(b) Allowance for vehicle overhang area. Up to 30 inches of the required length of off-street parking spaces may
be provided as vehicle overhang area and need not be paved, provided that wheel stops are installed. Such
overhang area shall be clear of any obstruction to vehicles utilizing the parking space and shall not encroach
into any other parking space, access aisle, public right-of-way, adjacent property, pedestrian walkway or
required yard within which parking is not permitted.
Sec. 6-36. Criteria for access and maneuvering space.
All required off-street parking spaces shall be provided with access and maneuvering space meeting the
following criteria:
(a) Driveway or access aisle. Each required off-street parking space shall be provided with a driveway or
common access aisle directly serving such space and of sufficient dimensions to enable vehicles to
maneuver into and out of such space without encroaching into another parking space or extending
beyond the designated driveway or access aisle area.
(b) Obstruction of streets prohibited. No area devoted to parking or access thereto shall be designed,
operated or maintained so as to cause any public street, alley or sidewalk area to be obstructed by
vehicles entering, leaving or maneuvering within the parking area. Maneuvering space of sufficient
arrangement and dimensions shall be provided within parking areas in order to avoid such obstruction.
(c) Access aisle dimensions. The minimum dimensions of access aisles serving off-street parking spaces for
uses other than single-family and two-family dwellings shall be as set forth in the following schedule,
provided that greater widths may be required where necessary for purposes of fire access to buildings.
Aisle widths for parking arrangements not listed shall be determined by the zoning administrator based
on the nearest arrangement listed.
Aisle Width
(in feet)
Arrangement
of Parking
Two-way
Traffic
One-way
Traffic
Sec. 6-37. Parking spaces accessible to persons with disabilities.
Off-street parking spaces accessible to persons with disabilities shall be provided in accordance with the
requirements of the Virginia Uniform Statewide Building Code. Such spaces shall be included in the calculation of
total number of spaces required by this article.
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Sec. 6-38. Driveways and curb cuts.
The location and design of all curb cuts and entrance and exit driveways connecting with public streets shall
conform to the standards of the Virginia Department of Transportation and shall be approved by the town
engineer.
Sec. 6-39. Paving, drainage and delineation of spaces.
(a) Paving required. Parking areas containing five or more spaces and all related entrances, exits and driveways
shall be paved with dust free, all-weather hard surface material such as asphalt, asphalt and gravel seal coat,
concrete, unit pavers or similar material approved by the zoning administrator.
(b) Exemption for certain parking areas. The requirements of paragraph subsection (a) of this section shall not
apply to parking areas serving the following:
(1) Places of worship and other public and semipublic uses which, in the judgment of the zoning
administrator, involve intermittent, infrequent or nondaily parking use, provided that sufficient
improvements are made to ensure that the parking area is usable and that proper access and drainage
are provided.
(2) Areas dedicated solely to the storage of impounded or inoperable vehicles on lots where such a
permitted use is allowed to occur shall not be considered parking spaces for the purposes of this
section. However, off-street parking spaces utilized by employees, staff, customers, and for the storage
of service and towing vehicles used for the operation of such permitted establishments shall be
considered parking spaces for the purposes of this section.
(c) Pervious or semi-pervious surfacing. The use of pervious or semi-pervious parking lot surfacing materials—
including, but not limited to—pervious asphalt and concrete, open joint pavers, and reinforced
grass/gravel/shell grids may be approved for off street parking and loading areas except on industrial and
other sites where there is reasonable expectation that petroleum and other chemical products will be spilled,
and provided such surfacing is subject to an on-going maintenance program (e.g., sweeping, annual
vacuuming). Any pervious or semi-pervious surfacing used for aisles within or driveways to parking and
loading areas shall be certified by a design professional as capable of accommodating anticipated traffic
loading stresses and maintenance impacts or as approved by the director of public works. Where possible,
such materials should be used in areas proximate to and in combination with onsite stormwater control
devices.
(d) Drainage and grades. All parking areas shall be designed and constructed with respect to drainage so as to
prevent damage to abutting properties and public streets. No finished grade within any parking area shall
exceed ten percent.
(e) Delineation of parking spaces. Parking spaces shall be delineated by markings on the pavement surface.
Wheel stops, curbs, walls, fences, shrubbery or other means shall be provided along the edges of parking
areas where necessary to prevent parked vehicles from encroaching onto adjacent properties or into public
streets and alleys, required yards or public walkways.
Sec. 6-40. Supplemental parking area requirements in certain districts.
In addition the applicable general requirements for areas devoted the parking or circulation of vehicles
included in this article, additional requirements shall apply in the following zoning districts:
(a) Additional requirements in the R-B residential-business district.
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(Supp. No. 17)
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(1) Off-street parking spaces and access aisles serving uses other than single-family and two-family
dwellings shall not be located within any required front yard or required side yard along a street
in a residential or R-B district. This restriction shall not be construed to prohibit driveways from
the street when approved by the appropriate authority.
(b) Additional requirements in the CB central business district.
(1) Location of parking and circulation areas. Areas devoted to the parking or circulation of vehicles
shall not be located between the main building on a lot and the street line, nor shall such areas
be located closer to the street than the main building on the lot. On a lot having more than one
street frontage, the provisions of this paragraph shall apply only along the principal street
frontage of the lot as defined in article XI of this appendix.
(2) Driveways from streets. No driveway intersecting a street which constitutes the principal street
frontage of a lot shall be permitted when other street frontage or alley access is available to
serve such lot. For purposes of this provision, principal street frontage shall be as defined in
article XI of this appendix.
(3) Lighting. Parking areas and parking lots containing five or more spaces and available for use by
the general public shall be provided with lighting during the non-daylight hours when such
parking areas and parking lots are in use. Such lighting shall be designed and installed so as to
concentrate illumination within the parking area or parking lot and to prevent glare on adjoining
properties and streets. The level of illumination and means of providing such lighting shall be in
accordance with policies established by the zoning administrator and applied in conjunction with
the site plan review process.
(4) Modifications. Modifications to the provisions of this section may be permitted by the zoning
administrator, when strict adherence to such provisions would result in substantial injustice or
hardship. An appeal from the decision of the zoning administrator may be taken to the board of
zoning appeals in accordance with section 10-7 of this appendix.
Sec. 6-41. Off-street loading areas.
Space for the loading and unloading of trucks and other vehicles shall be provided on sites developed for
commercial and industrial uses. Loading areas shall be so located on the site and shall be of such dimensions as not
to occupy or obstruct required off-street parking spaces or to obstruct any public street or any fire lane or
emergency access route during the loading or unloading of vehicles. When necessary to meet the criteria,
designated loading areas with adequate maneuvering space shall be shown on each site plan submitted for
approval for commercial or industrial use and, subject to approval of such site plan, shall be provided and
maintained on the site.
Sec. 6-42. Maintenance of parking.
All parking and off-street loading areas, including those areas with pervious or semi-pervious parking lot
surfacing materials shall be subject to an on-going maintenance program, and maintained in safe condition and
good repair at all times so as not to constitute a hazard to public safety or a visual or aesthetic nuisance to
surrounding land. All signage and pavement markings shall also be maintained.
Sec. 6-43. Maximum motor vehicle parking.
In order to minimize the adverse impacts caused by improving large areas with impervious surfaces,
including increased storm water run-off, urban heat island effects, and nonpoint source pollution, the total
number of motor vehicle parking spaces serving a use delineated in table 6-32.1 as having maximum parking
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requirements shall not exceed 150 percent of the minimum parking standards in the parking requirements table,
unless either of the following apply:
(a) Any spaces in excess of 150 percent of the minimum number required are located in a structured
parking facility; or
(b) A landscape plan that provides additional pervious landscape surfaces and increases stormwater
filtration has been reviewed and approved by the zoning administrator, subject to section 6-39(c)
above.
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Page 6 of 17
instruction services in conjunction with another primary use shall not be considered a business or trade
school.
(46) Educational facilities, elementary/middle/secondary. A public, private, or parochial school offering
instruction at the elementary (kindergarten through grade five), middle (grades six through eight), or
secondary (grades nine through 12) school level in the branches of learning and study required to be
taught in the public schools of the Commonwealth of Virginia.
(47) Educational facilities, industrial trade school. A specialized instructional establishment for teaching
industrial trade skills in which machinery is employed as a means of instruction. This definition shall not
be deemed to include "college/university educational facility," "elementary/middle/secondary
educational facility," "home occupation," or incidental instruction services provided in conjunction with
another primary use.
(48) Educational facilities, school for the arts. A school where classes in the various fine arts, including
painting, sculpting, photography, music, dance, or dramatics are taught, and where such establishment
is not otherwise defined as an "elementary/middle/secondary educational facility," "college/university
educational facility," "artist studio," or "home occupation."
(49) Entertainment establishment. An establishment where entertainment is provided, or has a dance floor
which occupies more than ten percent of the assembly area of the establishment. Entertainment
establishments include theaters, dance halls, auditoriums, club and lodge meeting facilities and
assembly halls that are located within completely enclosed buildings, but do not include "indoor
commercial recreational facilities" or "indoor commercial amusement" establishments.
(50) Family. One or more persons related by blood, marriage or adoption, including foster children, or not
more than five unrelated persons living together as a single housekeeping unit and occupying a single
dwelling unit, except as otherwise provided herein. Domestic servants or employees residing on the
premises shall be considered as part of a family. The term "family" shall not be construed to include a
fraternity, sorority, club or a group of persons occupying a hotel, motel, tourist home, boarding house
or institution of any kind, but shall include the occupants of a group home as defined in this article.
(51) Family day care home. A single-family dwelling in which a facility as defined in Code of Virginia, § 63.1-
195, is operated for the purpose of providing care for more than five but less than 13 children
separated from their parents or guardians during a portion of the day, exclusive of the provider's own
children and any children who reside in the home. The care of five or less children for portions of a day
shall be considered a home occupation.
(52) Farmer's market. See Community market.
(53) Flea or vendor market. An occasional or periodic market or permanent establishment which conducts
its operations conducted in an open area or in buildings or structures, where groups of individual
sellers offer a variety of goods for sale to the public from open, semi-open, or temporary stalls, tables,
booths, or other spaces and where there are ordinarily no long-term leases of selling space between
sellers and operators.
(54) Flood. A general and temporary inundation of normally dry land areas. (See article IV, floodplain
districts, for additional definitions pertaining to flood and floodplains.)
(55) Floor area. The sum of the horizontal areas of all usable floors of a building as measured from the
exterior faces of exterior walls and including all intervening walls, partitions, hallways, corridors,
lobbies and stairways. In calculating the floor area of an attached building or the floor area of a use
occupying a portion of a building, measurement shall be made to the centerlines of common or shared
walls. Floor area shall not include unenclosed porches, balconies, carports, parking garages, or any
basement or attic areas which are not improved and available for use and occupancy.
Meeting Date
July 2, 2024
Department
Planning and Zoning
Issue
Briefing on the Petition of the Advancement Foundation, for a Special Use Permit (SUP) for a
proposed flea market use, located at 301 South Pollard Street, Suite A, Vinton, Virginia, tax map
number 060.15-07-41.00-0000, zoned CB Central Business District..
Summary
Historically, this commercial building space has been used for various retail uses. In 2020, it was
the location of a business incubator establishment (the Innovation Mill), which also housed a retail
establishment that sold hemp products (the Hemp Mill). Currently, the space contains a retail
establishment (the Farm Shoppe), which will be the same operator of the proposed flea market use
in partnership with the current property owner. The proposed use will be located entirely within
the existing structure, and the commercial space will not require a change-of-use or new certificate
of occupancy from the Roanoke County Office of Building Safety.
The Planning Commission public hearing was held on Monday, July 1, 2024, and the Town
Council public hearing is scheduled to be held on Tuesday, July 16, 2024.
Attachments
Staff Report
Recommendations
No Action Required
Town Council
Agenda Summary
STAFF REPORT
PETITIONER: Advancement Foundation PREPARED BY: Nathaniel McClung
CASE NUMBER: 24-001 DATE: June 7, 2024
Application Information
Request: Special Use Permit: Flea Market Use
Owner: The Advancement Foundation
Applicant: Annette Patterson
Site Address/Location: 301 S. Pollard St., Suite A
Tax Parcel ID #: 060.15-07-41.00-0000 & 060.15-07-40.00-0000
Lot Area: 0.12 AC (5,227 sq. ft.)
Zoning: CB Central Business District
Existing Land Use: Current use: Retail Establishment
Proposed Land Use: Flea Market Use (retail w/ booth rentals for vendors)
Specified Future Land Use: Retail/Service Commercial
A. NATURE OF REQUEST
Ms. Annette Patterson, owner of the Advancement Foundation, requests a special use permit (SUP) for a
proposed flea market use, which is a use permitted by SUP, in the CB Central Business District, subject
to the approval of the Vinton Town Council.
B. APPLICABLE REGULATIONS
Article IV, District Regulations, of Appendix B, Zoning, of the Town Code
Division 2 (c), Multiple Purpose Districts (Central Business District)
The purpose of the CB Central Business District is to provide for the day-to-day and specialty shopping
and service needs of the community. It is intended to be a compact, densely developed, and well-defined
area having a strong pedestrian orientation and urban shopping area character that is compatible with
adjacent residential neighborhoods. The permitted uses and regulations of the district are intended to
promote an attractive pedestrian environment with retail, personal service, and office establishments at
street level and with minimal disruption from vehicle-oriented land uses and features that would detract
from a safe, convenient, and an economically viable pedestrian environment. The district is intended to
promote continuity of a storefront character with minimum interruption by driveways and vehicle traffic
across public sidewalk areas. The district regulations are also intended to preserve the predominant scale
of the central business area, promote retention and appropriate use of existing structures, and encourage
that any new development be compatible with the area.
§ 4-5, Use Table for Multiple Purpose Districts. The flea market use is permitted in the CB Central
Business District, subject to approval of a special use permit by the town council.
C. ANALYSIS OF EXISTING CONDITIONS
Background – Historically, this commercial building space has been used for various retail uses. In 2020,
it was the location of a business incubator establishment (the Innovation Mill), which also housed a retail
establishment that sold hemp products (the Hemp Mill). Currently, the space contains a retail
establishment (the Farm Shoppe), which will be the same operator of the proposed flea market use in
partnership with the current property owner.
Location – 301 South Pollard Street, Suite A, Vinton, VA 24179
Topography/Vegetation – The existing structure is located on a mostly level lot that is comprised mainly
of impervious surfaces and a mixed-use building.
Adjacent Zoning and Land Uses – The land uses within the vicinity of the subject property are summarized
below.
Direction from Property Zoning District Land Use
D. ANALYSIS OF PROPOSED DEVELOPMENT
Site Layout/Architecture - The current property consists of a mixed-use building with commercial spaces
on the lower floor and residential apartments on the second floor. The structure was constructed in
approximately 1939, and currently spans two tax parcels (060.15-07-40.00-0000 & 060.15-07-41.00-
0000). It is a commercial style building with a façade/roof that are comprised of similar materials and
match the architectural style of other structures located in the Downtown Vinton area. The proposed use
will be located entirely within the existing structure, and the commercial space will not require a change-
of-use or new certificate of occupancy from the Roanoke County Office of Building Safety.
Site Access – The structure can be accessed by a public sidewalk fronting S. Pollard Street. Off-street
parking is available on the portion of the parcel fronting W. Jackson Avenue. Off-street parking is not
required by the Zoning Ordinance for the proposed use of the property.
Utilities – Public water and sewer services are available for the existing structure.
E. COMPREHENSIVE PLAN/FUTURE LAND USE
The 2004 – 2024 Town Comprehensive Plan designates this property and the surrounding properties as a
Retail/Service Commercial land use area.
F. STAFF CONCLUSION AND RECOMMENDATION
The proposed use, as indicated in the submitted special use permit application, is consistent with the
general characteristics of the downtown area and the intent of the CB Central Business District. Staff
would like to state that, with a special use permit request, the Planning Commission and Town Council
are given the opportunity to review the proposed request and impose such conditions as reasonably
necessary to ensure the use will be compatible with the surrounding area and consistent with the purposes
of the Zoning Ordinance.
Town staff recommends that the Town Council subject the approval of this SUP to the following
conditions:
1. The flea market use shall only be permitted in the footprint of the structure currently designated as
Suite A. An additional special use permit will be required to expand the use into other areas
contained within the structure.
2. All activities related to the flea market use shall occur entirely within the enclosed structure and
the designated footprint of Suite A. This condition shall not preclude the outdoor display of goods
or merchandise in accordance with the provisions of Article V, Sec. 5-19 of the Zoning Ordinance;
however, the outdoor display of merchandise shall only be located immediately adjacent to the
front of the building facing S. Pollard Street and shall not impede the sidewalk nor ADA
accessibility.
June 25, 2024
First Class Mail
Dear Property Owner:
Pursuant to the provisions of Section 15.2-2204 of the 1950 Code of Virginia, as amended, the Town of
Vinton, Virginia, hereby gives notice of the following public hearings: Planning Commission public
hearing to be held on Monday, July 1, 2024, at 6:30 p.m., and Town Council public hearing to be held
on Tuesday, July 16, 2024, at 6:00 p.m. The Planning Commission will also hold a work session on
Tuesday, July 1, 2024, at 6:00 p.m., prior to the public hearing.
The purpose of the public hearing is to receive comments concerning:
1. Petition of the Advancement Foundation, for a Special Use Permit (SUP) for a proposed
flea market use, located at 301 South Pollard Street, Suite A, Vinton, Virginia, tax map
number 060.15-07-41.00-0000, zoned CB Central Business District.
2. Proposed amendments to the Vinton Zoning Ordinance. The proposed amendments
would: require for an alternative financial institution use to obtain a special use permit
in the GB General Business District, and allow for a personal service business use to be
permitted by-right in the R-B Residential-Business District in Article IV (District
Regulations); amend the standards for vehicle storage or impound lots in Article V
(Supplemental Regulations); amend the yard and screening requirements for swimming
pools, tennis, or pickleball courts, amend the standards and permitted modifications of
the landscaping ordinance section, and remove the maximum motor vehicle parking
requirements in Article VI (Development Standards); and amend the definition of flea
market in Article XI (Definitions).
Further information concerning the public hearings may be obtained in the Planning and Zoning
Department located at 311 South Pollard Street, Vinton, VA 24179, during business hours, or via phone:
(540) 983-0605. Interested persons may be heard at the above public hearing.
Given under my hand this 25th day of June 2024.
Anita J. McMillan
Planning and Zoning Director
Secretary, Vinton Planning Commission
Planning and Zoning Department
311 S. Pollard Street Vinton, VA 24179 Phone (540) 983-0605 Fax (540) 983-0621
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT.
Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals
with disabilities in order to participate in or attend the meetings. Please call (540) 983-0605 at least 48
hours prior to the meeting so that proper arrangements may be made.
List of Adjoining Property Owners Notified by US Mail
Tax Parcel ID Site Address Owner Name Owner Mailing Address City State Zip
060.15-07-40&41.00-0000301 S Pollard St ADVANCEMENT FOUNDATION 301 SOUTH POLLARD ST VINTON VA 24179
060.16-02-35.00-0000 218 S Pollard St CHICKWEED & THISTLE LLC 3095 COOPER COVE RD HARDY VA 24101
060.16-02-32.00-0000 228 S Pollard St LASCH ELAINE GERALYN FAMILY ; 1991 TRUST 228 S POLLARD ST VINTON VA 24179
060.16-08-02.00-0000 300 S Pollard St ROANOKE COUNTY BOARD OF SUPERVISORS P O BOX 29800 ROANOKE VA 24018
060.15-07-42.00-0000 303 S Pollard St RSP II LLC P O BOX 748 ROANOKE VA 24004
060.16-02-33.00-0000 224 S Pollard St SOUTHERN PROPERTY INVESTMENTS INC PO BOX 35 VINTON VA 24179
060.16-02-34.00-0000 222 S Pollard St SOUTHERN PROPERTY INVESTMENTS INC PO BOX 35 VINTON VA 24179
060.16-02-31.00-0000 0 E Jackson Ave SOUTHERN PROPERTY INVESTMENTS INC PO BOX 35 VINTON VA 24179
060.15-07-39.00-0000 111 W Jackson Ave STAR OF BETHLEHEM BAPTIST CHURCH VINTON 111 W JACKSON AVE VINTON VA 24179
060.15-07-37.00-0000 217 S Pollard St SWISHER FRED L (TOD)422 CHESTNUT MOUNTAIN DR VINTON VA 24179
A Marketplace of Virginia Entrepreneurs
301 S Pollard St. Vinton, VA 24179
What to Expect
In our new Marketplace, we seek to
create both a central shopping
destination for a large market of
consumers, along with a true retail
incubator for entrepreneurs to come
together and grow their business right
here within our community.
We are anticipating over 20 businesses
to be showcased and branded
throughout the Marketplace in their
own booths and spaces.
Diving into the Marketplace
We plan to construct (FIVE) 8x10,
(SEVEN) 6x8, and (EIGHT) 4x4 booths
within our Marketplace, along with
potential wall space for artisans,
photographers, etc.
Vendors will be expected to customize
each space as their own including
wallpaper, creative displays, lighting,
logos, etc. There will be no “yard sale”
looks throughout the Marketplace.
Diving into the Marketplace
…continued
Booths and spaces across the
Marketplace may include, but may
not be limited to, home decor,
candles, general store items, local
and amish pantry goods, self care,
kids items, apparel, gifts, artwork,
handmades, food/beverage items,
promotional/logo items, etc.
What we’re bringing to Vinton
With an abundance of connections, we plan to
streamline a strong path to help entrepreneurs grow
their business with roots right here in town. Not only will
this bring in more Vinton businesses, but also mark a
larger dot on the map for Vinton being a Top Shopping
Destination.Folks will be able to come to one location
and shop from over 20 businesses with an array of
goodies to choose from.
We have already hosted several Community events
since our opening in December and will continue to do
so. Special shopping events are planned throughout the
year along with some family fun activities, such as
pumpkin carving, booth trick-or-treating, and of course,
Holiday fun with Santa.
Are you IN?
A Marketplace of
Virginia
Entrepreneurs
301 S Pollard St.
Vinton, VA 24179
June 25, 2024
Ms. Annette Patterson
214 W. Lee Avenue
Vinton, VA 24179
Dear Ms. Patterson:
Please be advised that the Town of Vinton has received your petition for a Special Use Permit (SUP) to
operate a flea market use, located at 301 South Pollard Street, Suite A, Vinton, Virginia, tax map number
060.15-07-41.00-0000, zoned CB Central Business District.
The Planning Commission will hold a public hearing on Monday, July 1, 2024, at 6:30 p.m., to receive
public comments on the SUP request and make a recommendation to the Town Council. The Town
Council will consider the Planning Commission’s recommendation, receive public comments, and make
a final decision to either approve or deny the SUP request on Tuesday, July 16, 2024, at 6:00 p.m.
Prior to the Planning Commission public hearing on Monday, July 1, 2024, the Planning Commission
will hold a work session at 6:00 p.m. The Commissioners will be briefed on your SUP request during this
work session. You are not required to attend the work session, but you may attend to observe if you wish
to do so.
You or your representative should attend each public hearing. At both the Planning Commission and the
Town Council public hearings, you and/or your representative will be given the opportunity to
present/comment on the request and answer any questions from the Commissioners and/or
Councilmembers.
Other interested persons may also be heard at the above public hearings.
Please give me a call at 540-983-0605 should you need further information concerning this notification.
Sincerely,
Anita J. McMillan
Planning and Zoning Director
c: Richard W. Peters, Town Manager
Antonia Arias-Magallon, Town Clerk
The Farm Shoppe, 311 S. Pollard St., Ste. A, Vinton, VA 24179
Planning and Zoning Department
311 S. Pollard Street Vinton, VA 24179 Phone (540) 983-0605 Fax (540) 983-0621
1
Meeting Date
July 2, 2024
Department
Administration
Issue
Consider the adoption of a Resolution authorizing the Town to forgive the balance of ANBAJA
Enterprises, INC (Twin Creeks Brewing Company) two loans in the amount of $10,069.60.
Summary
The Department of Housing and Community Development made the original $100,000 Revolving
Loan Program grant to the Town in 2015 via a Community Development Block Grant. The Town
of Vinton authorized two loans to ANABAJA Enterprises, Inc. in 2016 and 2019 which derived
from the Community Development Block Grant. The first loan was authorized on April 19, 2016,
in the amount of $25,000 and the second loan was authorized on July 6, 2019, in the amount of
$15,000.
The Town wishes to continue investing in Twin Creeks Brewing Company by enhancing its
outside seating and entertainment options, improving the building’s façade, and growing the
brewing capacity.
Attachments
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
1
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY,
JULY 2, 2024, AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
WHEREAS, on April 19, 2016, Council adopted Resolution No. 2125 authorizing a $25,000
Revolving Loan with ANBAJA Enterprises, Inc. (d/b/a Twin Creeks Brewing
Company) (“ANABAJA”), to renovate property located at 111 South Pollard Street
in the Town of Vinton for use as a brewery and taproom; and
WHEREAS, on July 6, 2019, Council adopted Resolution No. 2311 authorizing a $15,000
Revolving Loan to ANBAJA, to expand the Twin Creeks Brewing Company
brewery and taproom and renovate property located at 109 South Pollard Street in
the Town of Vinton; and
WHEREAS, the Department of Housing and Community Development (DHCD) made the
original $100,000 Revolving Loan Program grant to the Town in 2015 via a
Community Development Block Grant (CDBG), and the Town’s 2016 and 2019
Revolving Loans to ANABAJA derived from those CDBG grant funds; and
WHEREAS, the Town has satisfied all obligations for the CDBG grant program; and
WHEREAS, ANBAJA has successfully operated the Twin Creeks Brewing Company brewery
and taproom since 2016 and continues to contribute to the vibrancy and economic
growth of the Town’s downtown; and
WHEREAS, ANBAJA has repaid $29,069.60 of the 2016 and 2019 Revolving Loans; and
WHEREAS, ANBAJA wishes to continue to invest in the Twin Creeks Brewing Company
brewery and taproom located at 109 and 111 South Pollard Street by enhancing its
outside seating and entertainment options, improving the building’s façade, and
growing the brewing capacity; and
WHEREAS, the Town desires to forgive the balance of the two loans in the amount of $10,069.60
to encourage additional investment at 109 and 111 South Pollard Street; and
WHEREAS, the Town finds that the additional investment will increase tax revenues and continue
to enhance downtown entertainment options; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF
VINTON, VIRGINIA, AS FOLLOWS:
1. The loan agreements, promissory notes, and guarantees, and the associated payment
obligations under those foregoing documents, between the Town and ANBAJA dated May
12, 2016, and August 26, 2019, and concerning the 2016 and 2019 Revolving Loans are
considered to have paid and satisfied in full.
2
2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute and
deliver any and all documents as reasonably may be necessary to carry out the purposes of
this Resolution and to undertake such other actions as reasonably may be necessary in
furtherance of the same.
This Resolution adopted on motion made by Council Member _________________, seconded by
Council Member _____________________with the following votes recorded:
AYES:
NAYS:
APPROVED:
___________________________________
Bradley E. Grose, Mayor
ATTEST:
___________________________________
Antonia Arias-Magallon, Town Clerk
Meeting Date
July 2, 2024
Department
Administration
Issue
Consider adoption of a Resolution to dissolve the Revolving Loan Program
Summary
The Department of Housing and Community Development (DHCD) made the original $100,000
Revolving Loan Program grant to the Town in 2015 via a Community Development Block Grant
(CDBG). The Town has administered five loans to downtown businesses providing help with
renovations. The Town has satisfied all obligations for the CDBG grant program and with the
satisfaction of all outstanding loans, the Town of Vinton has determined to dissolve the Revolving
Loan Program and utilize the available funding to support downtown investment through the Change
of Use and Façade Improvement Grant Programs.
Attachments
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
JULY 2, 2024, AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
WHEREAS, the Town Council of the Town of Vinton adopted Resolution No. 2057 on March
18, 2014, which, utilizing funds from a Department of Housing and Community
Development (DHCD) Community Development Block Grant (CDBG), established
a $100,000 Revolving Loan Program to assist with revitalization efforts in the
Town’s downtown business district; and
WHEREAS, the Town of Vinton has successfully administered five loans in the Town’s
downtown business district through the life of the Revolving Loan Program,
including two loans to ANBAJA Enterprises, Inc. (d/b/a Twin Creeks Brewing
Company) (“ANBAJA”) to develop and expand a brewery and taproom at 109 and
111 South Pollard Street in the Town; and
WHEREAS, the two loans to ANBAJA are the only outstanding loans with a balance due to the
Town, and the Town has determined to forgive the amounts due on those loans in
order to incentivize ANBAJA to make additional investments in the exterior patio
and façade of its brewery and taproom; and
WHEREAS, with the satisfaction of all outstanding Revolving Loan Program loans, the Town of
Vinton has determined to dissolve the Revolving Loan Program and utilize the
available funding to support downtown investment through the Change of Use and
Façade Improvement Grant Programs.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF
VINTON, VIRGINIA, AS FOLLOWS:
1. The Vinton Town Council hereby dissolves the Revolving Loan Program.
2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute
and deliver any and all documents as reasonably may be necessary to carry out the
purposes of this Resolution and to undertake such other actions as reasonably may be
necessary in furtherance of the same.
This Resolution was adopted on a motion made by _______________, seconded by
________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
____________________________
Bradley E. Grose, Mayor
ATTEST:
________________________________________
Antonia Arias-Magallon, Town Clerk
1
Meeting Date
July 2, 2024
Department
Administration
Issue
Consider adoption of a Resolution authorizing the Town Manager to execute a Performance
Agreement between the Town of Vinton, the Roanoke County Economic Development Authority
(EDA) and MVGA LLC. located at 109 and 11 South Pollard Street, Vinton, VA 24179 known as
Twin Creeks Brewing Company.
Summary
The Town of Vinton, in partnership with the Roanoke County Economic Development Authority,
has negotiated the terms of a Performance Agreement with MVGA LLC. The agreement provides
funds to the Authority for the Authority to provide a Local Economic Development Incentive
Grant to the Company in an amount not to exceed $40,000 to induce the Company to develop the
exterior of the rear of the Property, including additional exterior patio seating, fire pits, lighting,
and façade improvements.
Attachments
Performance Agreement
Resolution
Recommendations
Motion to adopt Resolution
Town Council
Agenda Summary
1
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY,
JULY 2, 2024, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, LOCATED AT 311 S. POLLARD STREET, VINTON,
VIRGINIA.
WHEREAS, MVGA LLC (the “Company”) owns the property located at 109 and 111 South
Pollard Street in the Town (the “Property”) and leases the Property to ANBAJA
Enterprises, Inc. (d/b/a Twin Creeks Brewing Company) which operates a brewery
and taproom at the Property; and
WHEREAS, the Town Council of the Town of Vinton and the Economic Development Authority
of Roanoke County, Virginia (the “Authority”), desire to promote and encourage the
economic development and vitality of the Town and Roanoke County through the
enhancement of existing property in order to provide for retained and increased
employment and investment in the Town of Vinton; and
WHEREAS, the Town and the Authority recognize that the Company’s continued investment in
the Property will promote economic development in the Town, will provide additional
tax revenue for the Town and County in the form of increased real estate taxes and
meals taxes, will create and maintain new jobs in the Town, and will contribute to the
vitality of the area; and
WHEREAS, the Town is willing to provide funds to the Authority for the Authority to provide a
Local Economic Development Incentive Grant to the Company (the “Local Grant”) in
an amount not to exceed $40,000 for the purpose of inducing the Company to invest
in the aforementioned Project; and
WHEREAS, the stimulation of additional tax revenue and economic activity to be generated by the
Company’s capital investment and additional tax revenue constitute valid public
purposes for the expenditure of public funds and is the animating purpose for the
Local Grant; and
WHEREAS, Town staff recommends that the proposed Performance Agreement among the Town,
the Authority, and MVGA LLC, be approved and that the Town Manager be
authorized to execute the agreement on behalf of the Town and to perform the Town’s
obligations under the agreement.
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF
VINTON, VIRGINIA, AS FOLLOWS:
1. The Performance Agreement is hereby approved in a form substantially similar to the one
presented to Council and approved by the Town Attorney.
2. The Town Manager is hereby authorized, for and on behalf of the Town, to execute and
deliver the Performance Agreement and any and all other documents as reasonably may be
2
necessary to carry out the purposes of this Resolution, to carryout the Town’s obligations
under the Performance Agreement and related documents, and to undertake such other
actions as reasonably may be necessary in furtherance of the same.
This Resolution adopted on motion made by Council Member _________________, seconded by
Council Member __________________, with the following votes recorded:
AYES:
NAYS:
APPROVED:
___________________________________
Bradley E. Grose, Mayor
ATTEST:
_______________________________________
Antonia Arias-Magallon, Town Clerk
{00506893.DOCX 2} 1
PERFORMANCE AGREEMENT
THIS PERFORMANCE AGREEMENT (“Agreement”) is made as of this _____ day of ________, 2024,
among the TOWN OF VINTON, VIRGINIA, a municipality of the Commonwealth of Virginia, (“Town”), the
ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the
Commonwealth of Virginia (“Authority”), and MVGA, LLC, a Virginia limited liability company
(“Company”). Collectively, the Town, Authority, and Company may be referred to herein as the “Parties.”
WITNESSETH
WHEREAS, the Town Council of the Town of Vinton and the Economic Development Authority of
Roanoke County, Virginia, desire to promote and encourage the economic development and vitality of
the Town of Vinton and Roanoke County through the redevelopment of existing property in order to
provide for retained and increased employment and private investment in the Town; and
WHEREAS, the Company owns the property located at 111 and 109 South Pollard Street, Vinton,
VA (Roanoke County Tax Map #060.16-01-70.00-0000) (“Property”), and intends to develop the exterior
of the rear of the Property to include additional exterior patio seating, fire pits, lighting, and facade
improvements and to renovate the interior of 109 South Pollard to expand the tasting room (“Project”),
and
WHEREAS, in performing the Project, the Company will be making a significant capital Investment
in the Town; and
WHEREAS, the Town and the Authority recognize that the Company’s development of the
Property will promote economic development in the Town, will provide additional tax revenue for the
Town and County in the form of increased meals and real estate taxes, and will contribute to the vitality
of the area; and
WHEREAS, the Town and the Authority expect that the Project will promote economic
development and downtown beautification, as well as generate additional local tax revenues for the
Town; and
WHEREAS, the Town is willing to provide funds to the Authority for the Authority to provide a
Local Economic Development Incentive Grant to the Company (“Local Grant”) in an amount not to exceed
$40,000 to induce the Company to construct the aforementioned Project; and
WHEREAS, the stimulation of additional tax revenue and economic activity to be generated by
the Capital Investment and additional tax revenue constitute valid public purposes for the expenditure of
public funds and is the animating purpose for the Local Grant; and
WHEREAS, in furtherance of the Project and to make additional funds available to the Company
to carry out the Project, the Town previously forgave the outstanding principal and interest on two
Revolving Loans owed by the Company to the Town totaling $10,069.60; and
WHEREAS, the total value of all economic development incentives being provided by the Town to
support the Project, including the Local Grant and the Revolving Loan forgiveness, will be $50,069.60.
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein,
the Parties agree to the following:
{00506893.DOCX 2} 2
1. Company’s Performance Requirements.
a. As part of the Project, the Company will develop the immediate rear of the Property, as
identified in Exhibit A, for an exterior patio, to include fire pits, lighting, seating, and
façade updates. The Company also will, as part of the Project, improve the interior of 109
South Pollard.
b. The Company will be responsible for obtaining and maintaining all customary and
necessary local permits and approvals for the Project.
c. The Company will make a capital investment of not less than $100,000 in the Property for
the purpose of the Project (“Capital Investment”) by December 1, 2024 (“Capital
Investment Performance Date”). The Capital Investment shall be in the form of
architectural and engineering fees, building construction costs, furniture, fixtures and
equipment. The Company may include, in its Capital Investment, expenses for the Project
commencing as of January 1, 2024.
d. The Company will provide the Town and the Authority with any and all documentation
that either the Town or the Authority may request or require to verify the Company’s
progress on the Project and the Company’s Capital Investment in the Property. The
Company may redact from such documentation any personally identifiable, private,
confidential, or other information that Company is required by law to keep confidential,
provided the information submitted to the Town and/or the Authority is sufficient to
verify the Company’s Capital Investment prior to the Capital Investment Performance
Date.
2. Economic Development Incentive Grant.
a. The Town will provide the Authority with the funds for the Local Grant as outlined in this
Agreement. The Authority will pay the Local Grant funds to the Company. The Company
must use the Local Grant funds only for the Project, and for no other purpose.
b. The Authority shall make all payments to the Company within thirty (30) days of its receipt
of Local Grant funds from the Town.
c. The Town will pay the Local Grant ($40,000) to the Authority upon the Company’s receipt
of a certificate of occupancy from Roanoke County or an equivalent indication of
completion of the Project that is acceptable to the Town (“CO”).
3. Extensions.
a. If the Town Manager deems that good faith and reasonable efforts have been made and
are being made by the Company to complete construction of the Project by the Capital
Investment Performance Date, then the Town may, in its sole discretion, extend the
Capital Investment Performance Date by up to 12 months. If the Capital Investment
Performance Date is extended, the Town shall send written notice of the extension to the
Authority and the Company and the date to which the Capital Investment Performance
Date has been extended shall become the new Capital Investment Performance Date for
the completion of construction and issuance of a CO.
b. If any party is unable to perform its commitments under this Agreement by reason of
force majeure, then that party shall not be deemed to be in default of its obligations under
this Agreement, and any deadlines for the performance of its obligations and, if
applicable, the deadlines for the performance of the other party’s obligations shall be
extended for a time equal to the time period of the force majeure event, plus ten days.
{00506893.DOCX 2} 3
The term “force majeure” as used herein, shall include without limitation acts of God:
hurricanes, floods, fire, tornadoes, earthquakes, storm; strikes or other industrial
disturbances; acts of public enemy’s; orders of governmental authorities; insurrections;
riots; epidemics.
4. Reporting.
The Company shall, upon request of either the Town or the Authority, provide, at the Company’s
expense, detailed verification reasonably satisfactory to the Town and/or the Authority of the Company’s
progress on its Capital Investment obligation. For the purposes of verifying the accuracy of reports, and
for no other purpose, the Company hereby waives its protections under Section 58.1-3 of the Code of
Virginia, 1950, as amended, and authorizes the Commissioner of the Revenue for Roanoke County,
Virginia, to provide verification to the Town and the Authority from his records; provided, however, that
such disclosure shall not waive the protections of § 58.1-3 as to any other person, nor authorize the Town
or the Authority to disclose such information to any other person. The Company will be solely responsible
for obtaining and providing detailed verification reasonably satisfactory to the Town and the Authority of
Capital Investment made for the Project.
5. Default; Repayment; Forfeiture.
If the Company (i) fails to make the required Capital Investment by the Capital Investment
Performance Date; (ii) fails to complete construction of the Project by the Capital Investment Performance
Date; (iii) discontinues design or construction work on the Project prior to its completion; (iv) sells or
conveys ownership of the Property prior to the completion of the Project; (v) fails to open and begin
operating the exterior patio and the enlarged tasting room and special events space at the Property within
thirty (30) days following the Capital Investment Performance Date; or (vi) breaches any other material
provision of this Agreement and the breach is not cured within thirty (30) days of written notice of such
breach to the Company from either the Town or the Authority, then Company shall: (a) forfeit all future
Local Grant payments under Section 2 of this Agreement and (b) repay to the Authority all Local Grant
payments that previously have been paid to the Company under Section 2 of this Agreement. These
remedies are in addition to, not in lieu of, other remedies that may be available to the Town at law and in
equity. The Town may extend the thirty (30) day period contained in romanette (v) if it determines, in its
sole discretion, that good cause exists for the Company’s failure to timely open and begin operating the
exterior patio and tasting room/special events space.
6. Notices.
Any notices required or permitted to be given under this Agreement shall be given in writing, and
shall be deemed to be received upon receipt or refusal after mailing of same in the United States by First-
Class U.S. Mail, certified, postage prepaid, or by customary commercial overnight courier (refusal shall
mean return of certified mail or overnight courier package not accepted by addressee):
MVGA, LLC
Barry Robertson
2063 Mountain View Road
Vinton, VA 24179
Twin Creeks Brewing Co
PO Box 976
Vinton, VA 24179
{00506893.DOCX 2} 4
ECONOMIC DEVELOPMENT AUTHORITY OF
ROANOKE COUNTY, VIRGINIA
5204 Bernard Drive
Room 421
Roanoke, Virginia 24018
ROANOKE COUNTY ATTORNEY’S OFFICE
5204 Bernard Drive
Fourth Floor
Roanoke, Virginia 24018
Attn: Peter S. Lubeck, County Attorney
If to the Town, to:
TOWN OF VINTON, VIRGINIA
311 Pollard Street
Vinton, Virginia 24179
Attn: Richard W. Peters, Jr., Town Manager
With a copy to:
TOWN ATTORNEY
Spillman Thomas & Battle, PLLC
PO Box 90
Roanoke, Virginia 24002-0090
Attn: Jeremy E. Carroll
The addresses set forth in this section only may be amended by sending written notice to all other parties
of a change of address, without need of signed amendment to this Agreement.
7. Miscellaneous.
Indemnity. The Company agrees to indemnify, defend, and hold harmless the Authority, the
Town, and their respective officers, directors, board members, council member, agents, and employees,
of and from any and all claims, causes of action, damages, or any liability of any type, including reasonable
attorneys’ fees, on account of any claims by or any injury or damage to any persons or property growing
out of or directly or indirectly resulting or arising in any way out of any negligent, reckless or willful errors,
actions, omissions or activities of the Company or its agents, employees or representatives arising out of
or connected in any way to any of the matters involved in this Agreement or its performance or non-
performance, including without limitation the Company’s performance or failure to perform the Project.
Integration. This Agreement, including the documents referenced herein, constitutes the full and
complete understanding of the Parties respecting its subject matter, and any prior or contemporaneous
agreements or understandings, written or oral, are hereby merged into and superseded by the provisions
of this Agreement. This Agreement may only be amended or supplemented by a subsequent writing of
equal dignity except where expressly set forth herein. This Agreement may not be assigned by a Party
without the prior written consent of the other Parties.
No covenants of officials. No covenant, agreement or obligation contained in this Agreement shall
be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee
or agent of the Authority or the Town in his or her individual capacity, and neither Town officials nor the
directors of the Authority nor any officer, employee or agent thereof executing this Agreement or any
related instrument shall be liable personally on this Agreement or such instrument or be subject to any
personal liability or accountability by reason of the execution and delivery thereof. No director, officer,
employee or agent of the Authority or the Town shall incur any personal liability with respect to any other
action taken by him or her pursuant to this Agreement or the Industrial Development and Revenue Bond
Act or any of the transactions contemplated hereby or thereby, provided he acts in good faith.
Not a pledge of full faith and credit. Any obligation of the Town to pay, set aside, or otherwise
appropriate funds for performance of this Agreement shall be construed to be subject to appropriation,
and shall not be construed to be in derogation of Article VII § 10 of the Virginia Constitution. THE
OBLIGATIONS OF THE AUTHORITY UNDER THIS AGREEMENT ARE NOT GENERAL OBLIGATIONS OF THE
{00506893.DOCX 2} 5
AUTHORITY BUT ARE LIMITED OBLIGATIONS PAYABLE SOLELY FROM THE REVENUES AND RECEIPTS
DERIVED BY THE AUTHORITY FROM THE TOWN PURSUANT TO THIS AGREEMENT. THE OBLIGATIONS OF
THE AUTHORITY AND THE TOWN HEREUNDER SHALL NOT BE DEEMED TO CONSTITUTE A DEBT OR A
PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL
SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE TOWN.
Rule of construction for dates. If any action is required to be performed, or if any notice, consent
or other communication is given, on a day that is a Saturday or Sunday or a legal holiday in the
Commonwealth of Virginia, such performance shall be deemed to be required, and such notice, consent
or other communication shall be deemed to be given, on the first business day following such Saturday,
Sunday or legal holiday. Unless otherwise specified herein, all references in this Agreement to a “day” or
“days” shall refer to calendar days and not business days.
Choice of law; Forum Selection. This Agreement shall be construed according to the laws of the
Commonwealth of Virginia without regard to its principles of conflicts of laws. The Parties consent to
exclusive venue and jurisdiction in any state court of competent jurisdiction in Roanoke County, Virginia
or the United States District Court for the Western District of Virginia, Roanoke Division.
Attorneys’ fees. The Parties agree that, except as specifically provided in this Agreement, if any
Party pursues legal action to enforce the terms of this Agreement, the American Rule shall apply and each
Party shall bear its own attorneys’ fees and expert costs and no fee shifting shall occur.
Drafter & Severability. This Agreement has been jointly drafted by the Parties, and is to be
construed as jointly drafted and not be construed against any of the Parties as the drafter. This Agreement
is severable, and if any provision is found to be invalid by any court of competent jurisdiction, the
remainder shall survive. The section and paragraph headings in this Agreement are for convenience of
reference only and do not modify or restrict any provisions hereof and shall not be used to construe any
provisions of this Agreement.
Covenant of Authority. All Parties warrant that the signatories below have full authority, and have
undertaken such legal actions as may be necessary to ensure such authority, to bind the entities of which
they are representatives to the full extent permitted by law. Company agrees that, during the term of this
Agreement, it shall not allow its existence to lapse or its authorization to transact business in the
Commonwealth of Virginia to be revoked or cancelled at any time. This Agreement may be executed by
facsimile, electronic or original signature of the parties and in counterparts which, assuming no
modification or alteration, shall constitute an original and when taken together, shall constitute one and
the same instrument.
Time of the Essence. Time is of the essence of all obligations set forth herein for which a time is
stated. However, whenever a period of time is provided in this Agreement for the Company or Town to
do or perform any act or thing, the Company or Town, as the case may be, shall not be liable or responsible
for any delays due to strikes, lockouts, casualties, acts of God, war, governmental regulation or control,
pandemics or other causes beyond the reasonable control of Company or Town, as the case may be, and
in any such event said time period shall be extended for the amount of time the Company or Town is so
delayed.
Waiver. The failure of any Party to this Agreement to insist upon strict compliance with any term
herein shall not be construed to be a waiver of that requirement.
{00506893.DOCX 2} 6
No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer
any rights or remedies upon any person, other than the Parties hereto and, subject to the restrictions on
assignment herein contained, their respective successors and assigns.
Assignment of Agreement. Any obligation under this Agreement may be assigned to a third party
only with the prior written consent of all Parties and only upon such terms and conditions as may be set
forth in those written consents. Any such assignment, however, shall not relieve the Company from any
of its obligations under this Agreement. Any assignment without the required prior written consents shall
be void.
Town Attorney approval. This Agreement has been approved as to form by the Town Attorney of
the Town of Vinton, Virginia. Any amendment that is not approved as to form by the Town Attorney is
void and of no force and effect.
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall
be construed to be an original and production of all of which shall not be necessary to prove the contents
of this Agreement.
IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first
written.
TOWN OF VINTON, VIRGINIA ECONOMIC DEVELOPMENT AUTHORITY OF
ROANOKE COUNTY, VIRGINIA
By:_________________________________ By:____________________________________
Richard Peters
Town Manager Title:___________________________________
MVGA LLC
By:____________________________________
Title:___________________________________
APPROVED AS TO FORM:
______________________________
Town Attorney
Meeting Date
July 2, 2024
Department
Town Manager
Issue
Consider adoption of a Resolution authorizing closing non-essential Town offices on Friday, July
5, 2024.
Summary
Authorization to close all non-essential Town offices and grant an additional holiday for all town
employees for Friday, July 5, 2024. The currently approved holiday schedule includes July 4th
which is Independence Day, although most employees are working Town events on the actual
holiday.
Attachments
Resolution
Recommendations
Motion to approve
Town Council
Agenda Summary
RESOLUTION NO.
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
JULY 2, 2024, AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA
THE TOWN OF VINTON WILL BE CLOSING CERTAIN TOWN OFFICES ON
FRIDAY, JULY 5, 2024, AND PROVIDING ADDITIONAL HOLIDAY LEAVE FOR ALL
EMPLOYEES
WHEREAS, Town offices that are not engaged in performing necessary and essential services of
the Town shall be closed on Friday, July 5, 2024; and
WHEREAS, adherence to this resolution shall cause no disruption of the performance of any
emergency, essential, or necessary public service rendered or performed by the
Town.
NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve
the closure of Town offices that are not engaged in performing necessary and
essential services on Friday, July 5, 2024.
This Resolution was adopted on a motion made by ________________, seconded
, with the following votes recorded:
AYES:
NAYS:
APPROVED:
_____________________________
Bradley E. Grose, Mayor
ATTEST:
__________________________________________
Antonia Arias-Magallon, Town Clerk