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HomeMy WebLinkAbout3/1/2011 - RegularBradley E Grose, Mayor Robert R Altice, Councilmember Carolyn D Fidler, Vice Mayor Matthew S. Hare, Councilmember William "Wes" Nance, Councilmember Vinton Town Council Regular Meeting Tuesday, March 1, 2011 AGENDA Consideration of: A. 7:00 P.M. — Roll Call and Establishment of a Quorum B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540)983-0607 D. CONSENT AGENDA 1. Request to Approve Minutes for February 1, 2011 Regular Meeting E. AWARDS, RECOGNITIONS, PRESENTATIONS F. CITIZENS' COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda G. TOWN ATTORNEY H. TOWN MANAGER 1. Request to Allocate Revenue Funds to Public Works Expenditure Account — Resolution No. 1906 I. MAYOR J. COUNCIL K. ADJOURNMENT NEXT TOWN COUNCIL MEETING: March 15, 2011 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 Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. WORK SESSION 1. Discussion — Urban Chickens 2. Proposed Zoning Ordinance Amendments a. Temporary Family Health Care Structures b. Definition of "Act of God" c. Authority of Zoning Administrator d. Documents for Variances or Special Exceptions e. Definition of a Group Home 3. Town of Vinton Community Development Block Grant Business District Revitalization Grant Proposals 4. Discussion - Personal Property Tax Rate and Real Estate Tax Rate 5. Water and Sewer Rates Discussion MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P M. ON TUESDAY, FEBRUARY 1, 2011, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor Carolyn D. Fidler Matthew S. Hare William W. Nance MEMBERS ABSENT: Robert R. Altice STAFF PRESENT: Chris Lawrence, Town Manager Elizabeth Dillon, Town Attorney Gloria Morgan, Acting Town Clerk Michael Kennedy, Public Works Director Stephanie Dearing, Human Resources Manager Herb Cooley, Police Chief Joey Hiner, Assistant Public Works Director Steve Doyle, Vinton Police Department Agenda A. 7:00 P.M — Roll Call and Establishment of a Quorum B. INVOCATION C PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D CONSENT AGENDA 1. Request to Approve Minutes for January 4, 2011 Regular Meeting 2. Request to Re -Appoint Carolyn Fidler to Highway Safety Commission — Resolution No. 1904 3. Request to Re -Appoint Roy McCarty to Highway Safety Commission — Resolution No 1905 E. AWARDS, RECOGNITIONS, PRESENTATIONS F. CITIZENS' COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda G. TOWN ATTORNEY H. TOWN MANAGER 1. Request Re -appropriation of Funds for Encumbrances from June 30, 2010 — Resolution No.1902 2. Report on Real Estate Assessment I MAYOR J COUNCIL K CLOSED MEETING 1 Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 A (1) of the 1950 Code of Virginia, as Amended, for Discussion or Consideration of Personnel Matters 2. Request to Convene in a Closed Meeting Pursuant to §2.2-3711 (A) 3 — Discussion or consideration of the acquisition of real property for a public purpose or of the disposition of publicly held real property where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body 1 L. RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING M. ADJOURNMENT Mayor Grose called the regular meeting to order at 7:00 p.m. Following roll Roll call, invocation and call, Councilman Hare gave the invocation and Vice Mayor Fidler led the Pledge of Allegiance to Pledge of Allegiance to the U.S. Flag U.S. Flag. The Consent Agenda was approved on motion by Mr. Nance and Approved Consent seconded by Mr. Hare. The motion passed with all in favor. Agenda Mr. Nance read a letter from Lieutenant John Hobbs of the Vinton Fire and EMS to Police Lieutenant Glenn Austin recognizing Sergeant Anna Wooten for going above and beyond the call of duty to provide C.P.R. and mouth to mouth respiration on a 13 month old infant. Mr. Nance commended Sergeant Wooten for her efforts. Dan Vance officially presented the first issue of Phoenix Magazine to Council and thanked them for their support. Ms. Dillon introduced Theresa Fontana, a new attorney with her firm. Mr Lawrence reported on a request to re -appropriate funding for June 30, Adopted Resolution No. 2010 encumbrances He noted that the request was previously discussed 1902 appropriating funds at Council's January 18`h meeting. He also reported that all items listed for June 30, 2010 were approved in last year's budget but were not completed by the end of encumbrances the budget year. Mr. Lawrence advised that purchase orders for these protects were carried over to the current budget year and that most of them have been completed. He briefly reviewed the list and reported on the status of the items that remain on the list. Mayor Grose and Mr. Nance expressed their appreciation to staff for going through the list of encumbered items and removing those that can be delayed. Ms. Fidler moved to adopt proposed Resolution No. 1902 re -appropriating funds for encumbrances from June 30, 2010. The motion was seconded by Mr Hare and passed unanimously by the four members present. Mr. Lawrence gave a report on the 2011 real estate assessment for the Report on 2011 real Town. He reported that the total assessed values for real estate located estate assessment within the Town is $469.8 million and pointed out that each $.01 of the Town's tax rate equates to $46,985. He noted that the Town's real estate tax rate is set at $.03 per $100 of assessed values and will bring in a total of $140,954 in real estate taxes. He also noted that this year's assessment increased by $413 over last year. Mr Lawrence advised that that the Town's real estate tax base is stable for both residential and commercial property. He noted that some areas of Roanoke County did have some real estate value reductions. Mr. Lawrence warned that commercial real estate could possibly drop in the near future as assessments are based on property's income potential and since office space is being leased for much less than it was three years ago, assessments on these buildings will probably decrease. He noted that that this year's percentage of increase in real estate assessments is .29%. He went on to say that if the rate of increase is 5% or more, Council is required to advertise and hold a public hearing. Mr. Lawrence reported that even though the effective tax rate is below 5% this year, a public hearing will be advertised and scheduled for March Mr. Lawrence reported on a pipeline crossing agreement with Norfolk Report on pipe line Southern. He noted that the Town needs to replace a sewer line that runs crossing agreement with underneath Norfolk Southern railroad tracks before construction begins on Norfolk Southern the Walnut Avenue Bridge replacement. He reported that the cost of the agreement is $6,000 which covers liability insurance and occupancy fees as well as an annual fee of $225. He also reported that the Town has paid Norfolk Southern $13,500 to date for permission to cross their property. Mr. Lawrence reported that staff has received complaints regarding a large flock of vultures that are roosting in the area of the old William Byrd High School. Lieutenant Mark Vaught advised that staff is aware of the problem and are presently trying to address the issue. He described some recommended methods that staff is utilizing to scare the vultures away. The Mayor reported on a meeting that he and the Town Manager had attended earlier in the day to discuss issues of interest to the business community. Mayor Grose distributed copies of a draft letter inviting area clergy to volunteer to lead the invocation at future Town Council meetings. He asked Councilmembers to review it and if they are in agreement, Council members will be asked to sign it. He noted that the letter would be sent out to clergy in the Town and in the surrounding communities. Mr. Hare reported on a walk/run—a-thon scheduled for May 14`h sponsored by Manna Ministries that would begin at Fallon Park and continue through the Town of Vinton. He noted that Manna Ministries has requested the Town's financial or in -kind support for event. Mr Lawrence pointed out that Manna Ministries will need to obtain street closing permits from the Town and Roanoke County before the event can take place. Ms. Fidler announced that Judy Cunningham has been hired by Explore Park to serve as Board Secretary. In a related issue, Mr. Lawrence noted that Fred Anderson had recently appeared before the Roanoke County Board of Supervisors and provided them with a report on a connection between the film industry and Explore Park. It was noted that this connection has brought in more than $3,000,000 to the local economy. Ms. Filer reported that the Explore Board is now exploring a proposal to locate a greenway in the Park. At 7:53 p.m., Ms. Fidler made a motion to convene into closed meeting pursuant to § 2.2-3711 A (1) of the 1950 Code of Virginia, as amended, for discussion or consideration of personnel matters and pursuant to § 2.2- 3711 A (3) of the 1950 Code of Virginia, as amended for discussion or consideration of the acquisition of real property for a public purpose The motion was seconded by Mr. Nance and passed unanimously by the four members present At 10:25 p.m., the regular meeting reconvened and the Certification that the closed meeting was held in conformance with State Code requirements, was read and adopted on motion by Mr. Hare. The motion was seconded by Mr. Nance and passed with a unanimous vote. The meeting adjourned at 10:27 p.m APPROVED: Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk ACTION NO: Reso 1906 ITEM NO: H. -1 TO: Christopher Lawrence, Town Manager FROM: Public Works Director DATE: February 24, 2011 SUBJECT: Appropriate Funds to Repair Public Works Pickup Truck ISSUEIPURPOSE: To request funds to repair a pickup truck damaged by a private vehicle. Background. In January, 2011, a Public Works truck was parked in the vicinity of 1013 Claiborne Avenue in Vinton. A crew was onsitc to repair a water break. The resident and vehicle owner of the 1013 Claiborne property was requested to move their vehicle to facilitate water line repair. The vehicle operator backed in to the Town's pickup truck causing $1,100 in damage to the front end. Vinton police cited the resident for improper backing, since the operator admitted applying the accelerator instead of the brake. The Town received reimbursement from the insurance company. In order to make repairs, the funds need to be appropriated to the proper Public Works budget expense account. This is essentially an accounting pass -through of funds. The fiords will be appropriated from the Recoveries and Rebates account, where the funds from the insurance company were credited. ACTION REQUESTED: Town Council approve the resolution to appropriate funds for the purpose described herein. CITIZENS COMMENTS: Not Applicable. DATE ACTION NEEDED: March 1, 2011 Attachments: Resolution # RESOLUTION NO. 1906 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MARCH 1, 2011 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. WHEREAS, the Town of Vinton has received revenue in the following amounts and has been posted in the referenced Revenue Account in the General Fund, and WHEREAS, the funds need to be appropriated to the expenditure account as detailed in the current budget to properly reflect the source of funds for these purchases. NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby grant an additional appropriation in addition to the annual budgetary appropriations for the fiscal year ending June 30, 2011, for the function and the amounts as follows: General Fund: 200.4101.304 PW-Maint-1Iwys, Sts, Bridges $1,109.55 Total General Fund $1,109.55 The source of these funds is from the following Revenue accounts accounts: General Fund Revenue: 200.1901.001 Recoveries & Rebates -VML Insurance Programs $1,109.55 Total General Fund $1,109.55 Motion made by and seconded by with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk TO: TOWN MANAGER'S OFFICE FROM: Anita J. McMillan, Planning and Zoning Director DATE: February 24, 2011 SUBJECT: Chickens in Urban Residential Areas ISSUE/PURPOSE: The request to allow urban chicken was discussed by the Vinton Town Council on September 16, and December 15, 2010. As requested by Town Council, the Planning Commission discussed the urban chicken request and the proposed ordinance during their work session held on "fuesday, February 8, 2011. The request whether to allow chicken in urban areas is an important urban planning issue and is happening in other counties, cities and towns. The recent increase in urban backyard chicken keeping request can be attributed to the local food movement; energy and transportation costs increase; and food safety due to recent recalls with meat and eggs. According to Pat Foreman, a Rockingham County's advocate of locally grown food and author of "City Chicks", a book about raising chickens in a residential setting, more than 500 jurisdictions have amended their zoning rules in recent years to accommodate urban chicken. Pertinent Information and Discussion on Urban Chickens: l . Lot size requirement of an acre or more: A list of residentially zoned parcels that are at least one acre and more is attached - 46 parcels developed with single -fancily dwelling and 19 vacant parcels, a total of 65 parcels. 2. Setback requirements from property lines and residential structures for permanent henhouse/chicken coop and movable henhouse/coop and chicken tractor: Due to the layout of the parcels and existing structures: it will be impossible for majority of the parcel to meet the 100 feet setback requirement for permanent chicken coop and 75 feet setback requirement for portable henhouse/coop and chicken tractor. See attached aerial maps for three properties with 25, 50, and 75 feet setbacks drawn from property lines and stricture. 3. Appearance concerns: Regulate the use of materials for chicken coops. Currently, other small accessory/detached buildings could be equally problematic in appearance and are not regulated, except for 25 feet front yard and 5 feet side and rear yards setback required from property lines. The modern backyard chicken coop is a distance relative to the typical farm coop Each hen needs about 2-4 square feet of coop space and 6-10 square feet of covered run. For 4 hens this would total about 56 square feet, or a structure 7' x 8'. Most garden sheds, trampolines and swing sets are larger than the average backyard coop and run. A chicken tractor is a portable coop with an attached run that allows the chickens to scratch and peck at the ground. This keeps the birds contained and safe yet, gives them access to bugs and fresh greens every day. Chicken tractors can be easily moved by one person to a fresh spot of ground every day. This prevents the droppings from accumulating in one spot and minimized any smell. Additionally, the droppings can be used as fertilizer for the lawn and garden. See attached sample coop and chicken tractor pictures. 4. Noise: Chicken hens are rather quiet, although they tend to be quite proud and vocal after an egg is laid. The noise level during this five minute squawking period has been measured at around 63 decibels, or about the level of two people talking. Other than their post -laying squawking, normal hen sounds are not audible at 25 feet. And at night, chickens are absolutely silent. Overall, they are far quieter than a barking dog, lawn mower, leaf blower, passing truck, children playing and other common neighborhood sounds. See attached chart for decibel level for common noises. 5. Waste and odor issues: Chicken waste can be smelly, but no more than dog and cat waste. The conscientiousness of the pet owner plays a large part in the smell and cleanliness of their animals. Many people's objection to chickens comes from the smell given off by large commercial operations, where thousands of chickens are kept in close quarters. In these large facilities the buildup of ammonia from the sheer volume of solid waste creates a powerful smell, particularly on warm days. But comparing the keeping of a micro -flock of four hens to a large farm -based operation is like comparing the keeping of the family dog to a commercial puppy mill In a commercial farm -based operation, profitability is the primary motivating factor. Chickens are viewed as a commodity and are raised solely for meat and/or egg production. Many are kept in a density that is substantially greater than that of a few hens in a backyard. The United Egg Producers' 2010 Animal Husbandry Guidelines recommends that each laying hen be given as little as 68 square inches of space to live their entire lives. Compacting hundreds or thousands of hens at this density leads to an ammonia buildup that is difficult to manage. Contrast this with typical backyard hen guidelines, where each hen has two to four square feet of coop space, and are let out into an enclosed pen of 10 square feet per bird. Enjoying 30 times the space given to commercially -raised hens, ammonia build-up is virtually eliminated. In addition, contrast the volume of waste produced by a chicken to that of the average dog. The average dog produces 12 ounces of solid waste and a 1.5 ounces of urine per day, whereas the average chicken produces 1.5 ounces of total waste per day (chickens do not produce a separate urine flow). 6. Rodents and predators issues: It is the chicken feed that attracts rodents, not the chickens themselves (adult chickens are capable of killing small rodents). Much like anything else, chicken feed that is securely contained will prevent rodents from being a problem. Many of these same rodents are also attracted to the bird feed present in backyard feeders throughout the city It is a problem that can be easily managed. Typical predators of adult and baby chickens include hawks, foxes, raccoons, skunks and opossum. This is the same list of animals that stalk our wild squirrels, ducks, geese, rabbits, song birds and chipmunks. Any predators that are attracted to chickens are already living among us. In addition, unlike the wild squirrels, ducks, geese, rabbits, song birds and chipmunks, domestic backyard chickens roost at night in secure, dig -proof enclosures, preventing nocturnal animal raids. During the day they are kept in a covered run or fenced enclosure. They are pets that owners responsibly protect. The larger potential threat is posed by domestic dogs and cats illegally roaming the backyards of homes. Although most domestic cats would have a tough time with a full grown hen (most can defend themselves against cats), roaming dogs could harass chickens by chasing them, potentially even killing them. Of course, loose dogs are also a threat to children, adults, other dogs and vehicular traffic. But since urban hens are confined at all times, and our existing laws prohibit at -large dogs and cats, we do not anticipate this to be a significant problem. 7. Disease potential: A typical concern is about the possibility of spreading avian influenza ("bird flu"). Avian flu is spread through direct contact with the contaminated feces and secretions of migratory birds, and is currently only present in Asia, Africa and Eastern Europe (i.e., bird flu is not currently in the US). Since backyard chickens do not come in contact with migratory birds, the transmission path is not present. Even if a backyard chicken should contract bird flu, the size of the flock and its lack of contact with other birds would limit the impact to the micro -flock. it is not easily transmitted from bird to human --there is only one known case of bird -to -human transmission in the US. Unlike cats and dogs which are prime vectors for rabies, parasites, and tick -borne diseases, backyard chickens actually make your yard safer by consuming ticks, mosquitoes and other insects. 8. Vinton will be overrun with chickens: It is unlikely that more than a very small percentage of residents will want to raise chickens. Chickens tend to be a "specialty pet" and are not what the average person thinks of when they go pet shopping. The Town proposed ordinance would not allow chicken hens to roam freely. They will be required to be kept in fenced backyards and/or covered runs at all times. 9. Chickens are a nuisance: Like any animal, they are subject to their own whims and their owners' control. By and large, chicken hens are quieter, cleaner and more easily managed than dogs, and certainly more so than illegal, outdoor cats. Their owners generally are appreciative of the eggs produced, and ensure that their hens have a clean, safe, productive environment in which to live. 10. If chickens are to be allowed, there will be request to have emus, ducks, pigs, etc.: It is not by chance that female chickens (hens) are getting all the attention for backyard keeping. Chickens are ideally suited for small, urban raising due to several unique characteristics not possessed by other animals: (Other animals fail in one or more of these areas. An urban environment would not be humane or practical for their keeping.) • They are small and have low space requirements • They are quiet • They are easy to contain and manage • Their manure is useable in vegetable gardens • They provide food without being slaughtered • They are relatively cheap to raise • They are useful in controlling insects and other pests • They can't fly well or far, and a painless wing clipping keeps them from flying at all • They stay close to home if they should happen to get loose • They go to sleep in the same place every day at sundown • They don't require specialized or hard -to -learn skills to keep 11. Vinton Police Department does not have the manpower to enforce these new rules: Responsible owners will not allow their hens to roam outside of their enclosures, so the problem of loose animals will be insignificant. Nonetheless, we must be prepared to deal with the occasional complaint about roosters, smell or numbers of hens. There are several aspects of enforcement: • The annual permit process. Those with habitual violations will have their permit refused. • The applicant will be given informational brochure on "Chickens 101" and the requirements on keeping chickens hens at the time of the application. The applicant will be required to state that he or she has read both the brochure and the requirements on the application form. This education and requirement process will drastically reduce the potential number of complaints caused by inexperienced new owners. • Response to complaints will be handled by the Police Department. Owners will be cited just as with dogs and cats. Animals that are picked up or confiscated will be taken to the Roanoke Valley SPCA, just as dogs and cats are handled today. If the chicken hens appeared to be injured, then the Animal Control Officer will take it to an appropriate avian facility. 12. If you want farm animals, move out to the country: The definition of "pets" changes over time. Micro -flocks of hens are treated more as pets than livestock, often "spoiled" and fawned over as much as a domestic dog or cat. Since most owners want to ensure nutritious egg production, they are generally kept in good health, given organic feed and kept clean and secure. The raising of a few hens does not require the space, expense and management of a farm in the country. They are being raised in the backyards of cities throughout the US, such as City of Roanoke, Richmond, VA; Winston-Salem, Greensboro, NC; and Lexington, Louisville, KY. 13. The runoff from the chicken feces will pollute the waterways: Issues of manure runoff from egg producing chickens are associated with huge factory style egg farms that generate tons of manure each day in a very concentrated area. Low density backyard chicken keeping is the solution to runoff issues, not the problem. Gardeners using commercial organic fertilizers are very likely to be using chicken manure based products, and those keeping chickens will have less need for even these. So keeping chickens will likely not increase the net amount of organic fertilizers used; chicken keeping gardeners will simply be producing it themselves rather than purchasing it. However, runoff from dog waste laying on the ground is a current and significant problem. Studies have shown that on average 40% of owners do not pickup the solid waste from their dogs. Condensed Version of the Other Localities' Regulations: • City of Roanoke allows up to 10 chickens on any parcel 20,000 square feet or less, no closer than 50 feet to any house or building being used as a residence. Chicken are not permitted to roam at large. Roosters are not allowed. • Roanoke County allows chickens only in their Agricultural Districts. • Town of Blacksburg allows chickens only in their Rural Residential Districts (same as Agricultural Districts). • Town of Rocky Mount allows chickens but must be kept at least 500 feet from any residence or commercial building. • City of Harrisonburg allows up to four (4) chickens for each single-family dwelling with a minimum oftwo (2) acres of land. Chickens can only be raised for domestic purposes and no commercial use such as selling eggs or selling chickens for meat. All chicken hens must be kept at all times in an enclosed secure pen that contains a minimum of four (4) square feet per bird, and must be at least 25 feet from adjoining property lines. Roosters are not allowed. • City of Richmond allows chickens for any parcel that is at least 50,000 square feet (an acre is 43,560 square feet) in fenced areas that are at least 500 feet from any house. • City of Alexandria allows chickens but they must not be within 200 feet of any residence. • City of Manassas requires a permit be obtained from the chief of police, adequate fencing and must be at least 250 feet from the nearest dwelling, other than that of the owner of the chickens. • City of Petersburg allows up to 20 chickens and to be at least 30 feet from any structure owned by another • Rockingham County Planning Commission will hold a public hearing on the proposed chicken ordinance this coming March: Would allow up to six (6) chicken hens to be contained within a pen located in the rear yard, at least 20 feet from the side or rear property line, on lots of one (1) acre or more in residential districts, . PLANNING COMMMISSION'S RECOMMENDATIONS: Mr. Billy Booth asked if the amount of acreage required for the chickens is set and wanted to know why so much had to be required. At the conclusion of the meeting, the Planning Commission agreed that the Town could start with an acre and then if it goes well and others express interest later, the ordinance can be revised to allow less acreage. Mr. Dave Jones stated that he talked to two poultry specialists who gave him some ideas for the suggested ordinance. Mr. Jones said his specialists said four hens would not be enough and recommended eight hens. Mr. Jones said to do this on a trial basis and then reevaluate it after awhile. Please see attached draft minutes of the Planning Commission meeting. ACTION REQUESTED: Town Council's review of the attached draft ordinance if chickens are to be allowed in the Town of Vinton. Attachments: Aerial maps for three properties with 25, 50, and 75 feet setbacks drawn from property lines and structure — 6 Pages Coop and chicken tractor pictures — 4 Pages Chart for decibel level for common noises — 1 Page Chart for dog waste and chicken — 1 Page Planning Commission draft minutes of the February 8, 2011 meeting — 5 Pages Draft Chicken Ordinance — 3 Pages 5 WA 60.12-1-34 Date: 20 January, 2011 ON A et 0 25 50 100 150 200 Scale: 1 inch = 100 feet Ty I "J, NA, L�, A" IN WI 100 150 200 Scalej inch = 100 feet om 0 25 50 100 150 200 Scale:l inch = 100 feet 71.6-1-22 - F� �t 0 25 50 100 150 200 N­ RCl I S _2 01 1_0 COLS P t Muton M up RIq— 7 1 6-1 -22 Date: 20 January, 2011 Scale:l inch = 100 feet 61.17-01-50 � Date: �n11 z e m a GFeet, w` Sc¥61inch =100+e I yam Iwo, tl� "I , ZIA 61.17-01-50 14- PCGIS Iv.1- mw R.,-- 61 1 � 11-50 Date: 2 lanua� 2011 7777 0 Fnt + 25 50 100 150 200 Scale:l inch = 100 feet -- . .- - i-"wgold by Holdren's Country Store ���W wrNi wiriliq �m�irrww mM�Mi� ICI v �� x � �' ������. .� �. � : �. �w III 160 140 120 100 80 Z 80 70 55 60 40 20 a- ske C; o<p e 135 110 90 90 85 !LIU i I �:J 'U MINUTES OF THE MEETING OF THE TOWN OF VINTON PLANNING COMMISSION HELD ON TUESDAY, FEBRUARY 8, 2011, AT 7 P.M., AT THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET. MEMBERS PRESENT: Dave Jones, Chairman Bill Booth Paul Mason Bob Patterson MEMBERS ABSENT: Dawn Michelsen, Vice Chairperson STAFF PRESENT: Anita McMillan, Planning and Zoning Director Karla Turman, Associate Planner/Code Enforcement Officer Julie S. Tucei, Planning and Zoning Coordinator OTHERS PRESENT: Janet Scheid, Vinton, VA Mick Michelsen, Vinton, VA Bruce Mayer, Vinton, VA Brian McGuire, Arkansas AGENDA I. Call to Order II. Approval of Minutes: Public Hearing, September 9, 2010 III. Public Hearing: 1. Article V, Supplementary Regulations, Division 4 Accessory Buildings and Temporary Buildings, Sections 5-15 through 5-17.2. The proposed amendments are related to the allowance of temporary family health care structures in single-family residential districts. 2. Article VI, Nonconforming Uses and Features, Section 6-7, Damage to nonconforming buildings and uses. The proposed amendments are related to the definition of an "act of God", as well as the addition of accidental fire. 3. Article VII, Administration and Enforcement, Division 1, Zoning Administrator, Section 7-2, Duties of the zoning administrator, and Division 3, Site Plan Review, Section 7-25, Expiration of approved site plan The proposed amendments are related to the authority of the zoning administrator and the period for which an approved site plan is valid. 4. Article IX, Board of Zoning Appeals, Section 9-14, Expiration of variance or special exception. The proposed amendments are related to documents provided to keep the variance or special exception valid. 5. The proposed amendment to Article X, Definitions, Section 10-2. The proposed amendment is related to the definition of a group home. IV. Other Business —Work Session 1. Urban Chickens 2. Alternative Energy Sources: a. Wind energy b. Solar energy V. Adjournment j ice, r PLANNING COMMISSION PUBLIC HEARING AND WORK SESSION FEBRUARY 8, 2011 PAGE 2 The meeting of the Vinton Planning Commission was called to order at 7:03 p.m. by Chairman Jones. Four members including Chairman Jones, Commissioner Booth, Commissioner Mason, and Commissioner Patterson were present. Vice Chairperson Michelsen was absent. The first item on the agenda was the approval of minutes from a public hearing held on September 9, 2010. Mr. Patterson made a motion to approve the minutes as submitted, and Mr. Booth seconded the motion. A roll call vote was taken, and all members present voted in favor of the motion. The next item on the agenda was a public hearing on several "cleanup" items in the ordinance due to State Code changes. Chairman Jones announced the first item regarding Med Cottages: Article V, Supplementary Regulations, Division 4 Accessory Buildings and Temporary Buildings, Sections 5- 15 through 5-17.2. The proposed amendments are related to the allowance of temporary family healthcare structures in single-family residential districts. Ms. McMillan stated that they will need to make a recommendation to Town Council for the Med Cottages. She mentioned that Ms. Turman had done a lot of research and had met with several parties regarding the cottages. Mr. Booth moved to send the Med Cottages on to Town Council as submitted. Mr. Patterson seconded the motion. A roll call vote was taken, and all members present voted in favor of the motion. The second item was regarding Article V1, Nonconforming Uses and Features, Section 6-7, Damage to nonconforming buildings and uses. The proposed amendments are related to the definition of an "act of God", as well as the addition of accidental fire. Chairman Jones stated that this change involved a revision to the language in the ordinance. Ms. McMillan stated that it will better define it so property owners will know what it all means to them should a disaster occur. The new language will also include the addition of accidental fire to the ordinance. Mr. Booth moved to accept as written Sec. 6-7 and to send it on to Town Council for consideration. Mr. Mason seconded the motion. A roll call vote was taken, and all members present voted in favor of the motion. Next to be considered was Article VI1, Administration and Enforcement, Division 1, Zoning Administrator, Section 7-2, Duties of the zoning administrator, and Division 3, Site Plan Review, Section 7-25, Expiration of approved site plan. The proposed amendments are related to the authority of the zoning administrator and the period for which an approved site plan is valid. Mr. Booth made a motion to approve the revisions as submitted, and Mr. Patterson seconded the motion. A roll call vote was taken, and all members present voted in favor of the motion. The fourth item up for consideration was Article IX, Board of Zoning Appeals, Section 9-14,expiration of a variance or special exception. The proposed amendments are related to documents provided to keep the variance or special exception valid. Mr. Patterson made a motion to approve it as written and send on to Town Council for consideration. The motion was seconded by Mr. Mason. A roll call vote was taken, and all members present voted in favor of the motion. PLANNING COMMISSION DI" PUBLIC HEARING AND WORK SESSION FEBRUARY 8, 2011 PAGE 3 The last item on the public hearing agenda was the proposed amendment to Article X, Definitions, Section 10-2. The proposed amendment is related to the definition of a group home. Ms. Turman stated that the change was being made to match the definition in the State Code. Mr. Booth made a motion to approve the amendment and recommend it to Town Council. Mr. Mason seconded the motion. A roll call vote was taken, and all members present voted in favor of the motion. Chairman Jones closed public hearing at 7:15 pm to move on to the work session. The first item heard during the work session was the discussion about allowing urban chickens in Vinton. Chairman Jones stated that they would like to hear from those in attendance on the issue. Mr. Michelsen was up first and stated that he and his wife would like to have no more than four laying hens on their property. He said they would like to produce their own eggs, and would also use it to educate neighborhood kids about where eggs come from, other than Kroger. He stated they wish to have a very small mobile chicken coop called a chicken tractor. He said it would be fully protected from predators and would keep the chickens from getting out into the neighborhood. Mr. Booth asked why Mr. Michelsen only wanted to have four hens. Mr. Michelsen stated that they were not trying to setup a whole chicken flock. He feels four is about the right number. Mr. Booth asked if the eggs would be likely to ever hatch and increase the amount of chickens. There was doubt expressed that it would happen. Mr. Mayer stated that chickens lay eggs for ten months and will not lay eggs until the hens are mature. He said they generally don't lay eggs in the colder months. Ms. Scheid stated that her reasons for wanting to have hens are pretty much the same as the Michelsen'. She wants fresh eggs and is having to purchase them elsewhere. She also currently purchases chicken manure for her gardens. She said hens are quiet and don't produce as much noise or waste as dogs. She does not feel they will be a nuisance to her neighbors or the citizens of Vinton. She stated that she would also like to have a chicken tractor so she can move it around to her various garden areas to provide pest control and fertilizer. She said she might like to have more than four hens, perhaps six or eight total. Ms. Scheid pointed out that Roanoke City allows up to ten hens per half acre, and the town is proposing to only allow four hens per acre. Mr. Mason asked about the prevention of diseases in the hens. He wanted to know if they are vaccinated. Mr. Mayer stated that they spread about 6 inches of wood chips in the coops and then you put some scratch down to cause the chickens to scratch around in the chips and waste. Mr. Mayer said that periodically the area should be cleaned with bleach. He stated that eggs are inoculated before being sold to people to hatch and raise. Ms. McMillan gave them some additional background on the request. She said it had already been discussed by Town Council in a work session. She provided the most current suggested wording for the ordinance in their packets and said that the changes were noted in blue. She mentioned that, originally the Town was considering requiring a larger distance from the property line. However, it was pointed out that requiring such a large setback will eliminate many of the lots in Vinton. Ms. McMillan pointed out the aerial maps that were provided to them showing the suggested setbacks. Ms. Turman showed Ms. Scheid, Mr. Michelsen, Mr. McGuire, and Mr. Mayer the aerial maps. Mr. Mayer stated that the coops must face southeast for maximum sunlight to increase egg production. While Ms. Turman explained the maps to those in attendance, Ms. McMillan went over the maps with the Commissioners. The maps depicted twenty-five and seventy-five feet setbacks on one map, PLANNING COMMISSION PUBLIC HEARING AND WORK SESSION FEBRUARY 8, 2011 PAGE and fifty -feet on the other map. Mr. McGuire asked about the reasoning for the large setbacks because the international building code only requires ten feet clearance to allow emergency vehicle access. Ms. McMillan said it is to protect adjoining property owners. He mentioned that the setback requirements may complicate zoning enforcement. Mr. Booth asked if the amount of acreage required for the chickens is set. Ms. McMillan said they are recommending one acre based on their research and the opinions of other staff members. He wanted to know why so much had to be required. Mr. Mayer said the coop needs to be close to the owner's house because of the water freezing in the winter —water has to be carried to them or they will not lay eggs. Ms. McMillan stated that the Planning Commission can make a recommendation to Town Council on any acreage amount they feel is appropriate. Ms. Scheid said they could start with an acre and then if it goes well and others express interest later, revise the ordinance to allow less acreage. She mentioned that having the permit requirement would be good in order to regulate it if there are problems with smell and other issues. Ms. Scheid said the setback is to address how close the coop is to the neighbors' houses, rather than how close to her own house. Mr. Jones stated that he is "somewhat in the business" because of working for Southern States, but he does not feel it would be a conflict of interest for him to discuss the issue. He said he is enthusiastic about it. He talked to two poultry specialists who gave him some ideas for the suggested ordinance. Mr. Jones said his specialists said four hens would not be enough and recommended eight hens. Mr. Jones said to do this on a trial basis and then reevaluate it after awhile. He stated that chickens do well in the cold weather, but do not handle hot weather as well. Mr. Mayer stated that he thought four hens would be a bit low. He said that hens are very quiet. Mr. Booth said he would like his neighbor to have the chickens rather than all the pigeons. He stated that he thought it would be a good idea to forward to Town Council even if only for a trial period. Ms. McMillan said this will not be a part of the zoning ordinance, but will be in the Town Code under the animal control. She said they can make a preliminary recommendation to Town Council, and then allow staff to work on the setbacks and numbers of chickens. Mr. Booth said for a trial period, the suggested acreage amount would be good to start. Ms. McMillan stated that sixty-five parcels could potentially meet the suggested requirements. Mr. Mason agreed that it should be left as is and see how it goes over the next year or so. He felt that if it is successful, it could be revisited for some changes later. Mr. Jones said that they have to do something about some of the suggested wording. He mentioned the part about chicken feed being cleaned up after each feeding. Mr. Mayer stated that they need food available throughout the day. Mr. Jones said four chickens may be a good number to start. Mr. Mayer mentioned that fully grown hens only weigh about 6 pounds. Ms. McMillan stated that staff can work on the language and send them a copy for their review and approval. She asked that they reply in writing to staff once they review it. Ms. McMillan requested their input by the end of February. Mr. Jones asked Mr. McGuire for his experience with urban chickens where he lives. Mr. McGuire said in the two places that have allowed it, there have been no problems. He said the smell has not been a problem. He stated that he is from northwest Arkansas. He said they have not had any trouble or complaints, and so far it is a non -issue. He said the number of people interested in having chickens is relatively small. Mr. Mayer mentioned that the mass produced hens are given antibiotics and are not organically raised. Mr. Booth asked if they can pass the recommendation on to have staff work on the wording before sending it to Town Council. Ms. McMillan reminded them to send their PLANNING COMMISSION , [-I I j i.l PUBLIC HEARING AND WORK SESSION FEBRUARY 8, 2011 PAGE 5 suggestions to staff before the end of February so staff can then finalize the recommendation and send to Town Council for their work session. Ms. McMillan said Town Council would consider it the third Tuesday in March. Ms. McMillan mentioned that she would also like to have Mr. Jones specialists' recommendations. She also asked for Ms. Scheid's and Mr. Michelsen's input on the wording. Next on the agenda was a discussion of alternative energy sources, including wind and solar energy. Ms. McMillan asked if they wanted to work on it at this meeting or hold it until the meeting in March. The consensus of the commissioners was to work on it in March. Ms. McMillan reminded them of the work session to be held the second Tuesday, March 8th, for the CIP and alternative energy source discussions. There was nothing further for discussion; therefore, Mr. Booth made a motion to adjourn the meeting. Mr. Mason seconded it. The meeting was adjourned at 8:15 p.m. Respectfully Submitted, Anita McMillan Planning Commission Secretary Prouosed Ordinance Languaee if Chickens are to be Allowed in the Town of Vinton: Article M. Animals Other Than Dogs and Cats Sec. 10-92.3. Fowl, chickens and other domestic birds. (a) Definitions. Fowl is defined as any various domestic birds by way of example but not limited to: Chickens, roosters, ducks, geese, turkeys, guinea fowl, emus, rheas, ostriches and pigeons. (b) it shall be unlawful for any person to keep, permit or allow any domesticated fowl within the corporate limits of the town, or to allow any domesticated fowl to run at large within the corporate limits of the town, except as specifically permitted below (c) It shall only be lawful for a person to keep, permit or allow chickens within the corporate limits of the town on residential property only, under the following terms and conditions: 1. No more than four (4) chicken hens shall be allowed for each single-family dwelling, with roosters prohibited. No chickens shall be allowed on townhouse, duplex, apartment or manufactured housing park properties. 2. Chicken hens allowed under this section shall only be raised for domestic purposes and no commercial use such as selling eggs or selling chickens for meat shall be allowed. There shall be no outside slaughtering of chickens. 3. Each single-family dwelling shall contain at a minimum an acre (43,560 square feet) of land. 4. Chicken hens shall be kept in an enclosed secure movable/portable, stationary pen or a fenced enclosure (henhouse/coop) that contains at a minimum two (2) square feet per bird. Birds should not be allowed to roam free. 5. The materials used in making a henhouse/coop or chicken tractor shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal, or similar materials is prohibited. Henhouses and chicken tractors shall be well maintained, 6. All enclosed permanent henhouse/coop must be at least 25 feet from the adjoining property lines and no closer than 50 feet from any adjacent residential dwelling or to any other building used for residential purposes, other than that of the owner of the chicken hens. All enclosed permanent henhouse/coop shall not be located in the front yard nor shall be located in any drainage area that would allow fecal matter to enter any storm drainage system or stream. 7 Secure portable/movable henhouse/coop and chicken tractors must be located at least 10 feet from the adjoining property line and no closer than 20 feet from any adjacent residential dwelling or to any other building used for residential purposes, other than that of the owner of the chicken hens. 3. All enclosures for the keeping of chicken hens shall be constructed and maintained as to prevent rodents or other pests from being harbored underneath, within, or within the walls of the enclosure. The henhouse/coop must be impermeable to rodents, wild birds, and predators, including dogs and cats. All enclosed pens must be kept dry, well -ventilated, and in sanitary condition at all times, and must be cleaned on a regular basis to prevent offensive odors. All manure not used for composting or fertilizing shall be removed promptly. Odors from chickens, chicken manure, or other chicken -related substances shall not be detectable at the property boundaries. 9. No dog or cat that kills a chicken hen will, for that reason alone, be considered a dangerous or aggressive animal. 10. Adequate shelter, care and control required. Any person allowed to keep chicken hens under this section shall comply with all of the provisions and definitions of the Code of Ordinances regarding care, shelter, sanitation, health, rodent control, cruelty, neglect, noise, reasonable control and any other requirements pertaining to the adequate care and control of animals in the town. 11. The chicken hen owner shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chicken hens found to be infested with insects and parasites that may result in healthy conditions to human habitation may be removed by an animal control officer. 12. All feed or other material intended for consumption by the chickens shall be kept in containers impenetrable by rats or other rodents, and such container shall be equipped with tightly fitting caps or lids. All feeding shall be conducted in a manner as to prevent unconsumed food to be left open or accessible by other animals or rodents. The presence of rodents in an area used for the keeping of chickens shall be prima facie evidence that such area is maintained in violation of this section. 13. Chicken litter and waste shall not be deposited in any trash container that is collected by any public or private waste collector and shall be disposed of by composting either on site or at a permitted solid waste disposal facility in accordance with the applicable permit. Also, any dead bird shall not be deposited in any trash container that is collected by any public or private waste collector but shall be taken to the permitted solid waste disposal facility and properly disposed of in accordance with the receiving facility's applicable permit. 14. Disposal of chicken litter, waste, and dead birds in the public wastewater collection system is prohibited since this may cause backups and/or overflows. 15. Persons wishing to keep chicken hens pursuant to this subsection must file an application with the town's Planning and Zoning Department, which said application, shall include a sketch showing the area where the chickens will be housed and all types and size of enclosures in which the chickens shall be housed along with a twentv-five dollar ($25.00) fee. The sketch must show all dimensions and setbacks. Once the site and enclosures have been inspected and approved by the town's animal control officer, a permit will be issued by the Planning and Zoning Department, which shall be valid for one (1) year. Each existing permit must be renewed annually in January by filing a renewal application with the town's Planning and Zoning Department along with the payment of the twentv-five ($25.00) annual fee and by having the town's animal control officer make another inspection of the site. (d) The above subsection (c) shall not apply to indoor birds, such as, but not limited to parrots or parakeets, or to the lawful transportation of fowl through corporate limits of the town. (e) Any person found guilty of violating this section shall be guilty of a Class 3 misdemeanor and subsequent violations of this section by the same person shall constitute a Class 2 misdemeanor. TO: Town of Vinton Planning Commission FROM: Karla Turman, Associate Planner/Code Enforcement Officer DATE: January 25, 2011 SUBJECT: Proposed Zoning Ordinance Amendments Work Session and Public Hearing — February 8, 2011 ISSUE/PURPOSE: To update the zoning ordinance regarding the proposed amendments, which are attached. BACKGROUND INFORMATION: Most of the amendments to be discussed are the result of changes to the state code during the 2010 General Assembly session. They are as follows: 1. Article V, Supplementary Regulations. Division 4 Accessory Buildings and Temporary Buildings, Sections 5-15 through 5-17.2. The proposed amendments are related to the allowance of temporary family health care structures in single-family residential districts. As previously discussed during a work session, as of July 1, 2010, the town has to allow these structures, as long as the property and the owner meet the criteria. Along with the proposed code. included is information regarding MED cottages. which are temporary family health structures that are built in South Boston, Virginia. 2. Article VI, Nonconforming Uses and Features, Section 6-7, Damage to nonconforming buildings and uses. The proposed amendments are related to the definition of an "act of God", as well as the addition of accidental fire. 3. Article VII, Administration and Enforcement, Division 1, Zoning Administrator, Section 7-2, Duties of the zoning administrator, and Division 3, Site Plan Review, Section 7-25, Expiration of approved site plan The proposed amendments are related to the authority of the zoning administrator and the period for which an approved site plan is valid. 4. Article IX, Board of Zoning Appeals, Section 9-14, Expiration of variance or special exception. The proposed amendments are related to documents provided to keep the variance or special exception valid. Currently, the zoning ordinance has both variance and special exception together in the same section. Staff has proposed that they be separate because the documents which would keep them valid are different. A variance requires that a site plan be submitted with a year, whereas a site plan submittal is not required for a special exception. 5. The proposed amendment to Article X, Definitions, Section 10-2. The proposed amendment is related to the definition of a group home. The change is per a change in the state's definition. Expiration of Variances and Special Exceptions CURRENT CODE Sec. 9-14. Expiration of variance or special exception. A variance or special exception granted by the board shall lapse and be of no effect if, after the expiration of one year from the date of such action by the board, no construction or change in use pursuant to such variance or special exception has taken place, provided that the board may, for good cause shown, specify a longer period of time in conjunction with its action to grant a.variance or special exception. PROPOSED CODE Sec. 9-14. Expiration of variance. A variance granted by the board shall lapse and be of no effect if, after the expiration of one year from the date of such action by the board, no site plan has been submitted, provided that the board may, for good cause shown, specify a longer period of time in conjunction with its action to grant a variance or special exception. Sec. 9-14.1. Expiration of special exception. A special exception granted by the board shall lapse and be of no effect if, after the expiration of one year from the date of such action by the board, no construction or change in use pursuant to such special exception has taken place, provided that the board may, for good cause shown, specify a longer period of time in conjunction with its action to grant a special exception. IL i i i r 1/12/11 See. 6-7. Damage to nonconforming buildings and uses. (a) Damage not exceeding 50 percent of value. A building having a nonconforming feature or a building devoted to a nonconforming use which is damaged by un acckfeyiml, fire, or an explosion, naturid di,Lsa�v or w.ft,-I act of God or the public enemy to an extent not exceeding 50 percent of its most recent assessed taxable value may be restored, repaired, reconstructed and used as before the damage, provided that the degree or extent of any nonconforming feature that existed prior to the damage shall not be increased, and the area devoted to any nonconforming use prior to the damage shall not be increased. Such restoration, repair, reconstruction or reuse shall be completed within two years of the date of damage. I or o r I i i . L-C! i "n' at "Z:c . f. i God" sii i Z' btd as �1) I na:lura' diSZIWr Or to, _'I kul-r;canc''.Ornado' "arrm. rite,? ',rc catis - c ;�i i oi pun';'scicl of'h )�fsj,cn1 damq an accidenwl —�S S�-CtWri' Oy"Tic—, o!) fic,n-- the qum,� ri!"hts "e I-1-k-md sjc� Pn-'j-"A-IN :Ianln-'cd han'LICI to Gnd (b) Damage greater than 50 percent of value. Whenever a building having a nonconforming feature or a building devoted to a nonconforming use is damaged by any cause whatsoever to an extent greater than 50 percent of its more recent assessed taxable value, such building shall not be restored, repaired, reconstructed or used except in conformance with all of the applicable provisions of this appendix, except as may be authorized by the board of zoning appeals pursuant to section 6-8 of this appendix. Remove comma Iri1c'% } LJ II12111 ARTICLE VII. ADMINISTRATION AND ENFORCEMENT* DIVISION 1. ZONING ADMINISTRATOR See. 7-2. Duties of zoning administrator. The zoning administrator =.d his :u:t;Yc„"; ,:.{ri?at {h.xtll {{f Yt;Y=r lz�rc�A' r u€ ?I€s s <iian %, i;l tic refs rr,: i €€, r.;:fti:ls, admuns?r« to { shall have all necessary authority on behalf of the town council to administer and enforce this appendix and carry out the duties prescribed in this article and elsewhere in this appendix, including the authority to make findings of fact in connection with the administration, application and enforcement of this appendix in specific cases. Duties of the zoning administrator shall include the following: DIVISION 3. SITE PLAN REVIEW See. 7-25. Expiration of approved site plan. w An approved =iii,�' site plan shall be valid for a period of one nw.. 1,° s ihaji ii�e years from the date of approval by the zoning administrator and shall become null and void if, within such period, work has not proceeded and no building permit pursuant thereto has been issued. In any case where an approved site plan has expired, the site plan may be resubmitted for review and approval in accordance wi the provisions of this article. A sits I lar sf€ _i bc do_,fn c, imahoitcc Tt _.<_lt bc,", .' z: 1 :'nd at€rro%kA I+t' ila txxi€i' , adtylllli;'!ra C' 1l ':[hc r11&' ft:t,t:frt:il':t t31 , i',', __:trfii, ' t .' sa'.i34;I L. it- ()"I''r io oi`!Uln a =it iis' z Ls"s : t is tat a€._, 'Sti:rwGs. ,l'f Ap lk,,,tion 161 tzwtor {`.li`£l; si::?3'.ta(,a it; ftr'l "v `;7la.S_w made durnq., d1c, ,tC_^_ idG o such i}i_ f, c{tzih}i tztu € "z'sr,ie ,, it11 t;1:_ .:ct,.Yn sh i tall c;unsiilts'. 4Y'itivtT?=S t[Yt` i'rt a1 ;�..oJt;'lk. C<=i of :,; Al the f:1+�`r::4 .' o; .13moi :nodif`,_ati f'.:: c�:iZY1z :t?a pc';od o t'a!idi',t i,Y s:ich bias,. f Z) 1/12/11 Sec. 10-2. Words and terms defined, (39) Group home. A residemial feeil.i., Poside, "444 0 �-LCjjt �r '!-, - -,I 1-08ideftt O@uft8Vl@rS I � I - dtn -cloprtientath dNoble,t rs;dc ��kr o! er h with o,-� w- n�km�-- ci ur,�, ve- For the purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia, § 54.1-3401. The term "group home" shall include any other residential facility for which the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services is the licensing authority under state law and shall for purposes of this appendix be considered residential occupancy by a single family. 1112/11, Page I DIVISION 4. ACCESSORY BUILDINGS AND TEMPORARY BUILDINGS Section 5-15. Dwelling use prohibited. No accessory building shall be used for dwelling purposes except by domestic employees or caretakers whose principal occupation is rendering services on the premises for benefit of persons who occupy or use the main building on the lot, it'n tie czet:pLkin tliac (at [hve7lilu, U!;Csniali nut orl'-,�&,iled ttffnuolar, iia-,Iih 11calill ew-t st�ructwres, Ldnjeel m ;1:is of Sr; tlor, Sec. 5-17- 1. Temporary buildings and construction trailers. a} in cai resit3cuLia &s!6CLs. ;Un-,Pc,i, iamily heidth cza;, qructuxvss shall Nz alto -wed to be un a "ot, par,!&d dia" fln'kmary usolnu is a silkflR' fffiff,ily actachcd dwelling'; {21 Th! c,;x-opnni offfic family health uarc sirocWre Mcetl-, thb, rn.- 0 ;,Dstuaffl� hail dice per.}t at',--firied it) sub -section (b) below, -and a 5 catioll, It"ac'. u et,-�hi by a physicialn iic,,iiqisd in Virginia, h—, lmlvi Ahc "onirlk, f-'C is ,Cctipied t--, tn(- -,Fcv&Jt er ci!, hi=!her rtsidencc; Th, lelnpun,- stmcarshall cowply wiib all fhat appl,, 'C', ti:c lxilnx;e�,ui-�Cwre. ,lnd V1, thzq W, Inw pnm'o S!"UCILIfe: ct-,-Iy owt t&"wPaslar-V kxrjily hu'liz1b 'Ijucturc slAsH -be allowe-d oll h iol 01, pglcell Of land: b,� ob,,airWd hvCbj-c -a ewporarCamily licaleh ;;-Arc stx-udlurz (� quovi I till bw �U�e nol !C, 0,� pZjj-�� �f !�Jdd� e A' �� its a", buil"5riL, rennit, �ieeaAcal penaft, nlzaiallicii 1'.CF1l:fk, and 0." roe-,Jt, eo atj� 11; t Jo plovidcCut fi-jr c ph�,sjcally impwimri shall't , eiCher i,elaitxi by Mood- � 1,D [�7"-13 1 D MmIgn c,,- adop-dol, to, )I- be ffic le,,pilbi raj-goij-,wd guzrelian )C the mentally try ph,ys,icuPy impair€d per--u-,l for vlh,.m Kf-Sln "'S caring; 2), `-Ndeiilalb, or phsk-L01"', impaired persons', rotaits a pe:-Seg) %eTho is ". msidem of Vi,M ami who reVires or more activities olfdaiiy li:vmg, L., clKed I Q 63.T2MM m cWHA 1 c to Ang pmvWcd by a jAymciam Heaved by cire siructure' aicans a tuarsportablu rtsiectitial an: thd1im&g a cartiva's puts= of am A a mel312,11Y 0." phys�icaliy immirodpper,otr. thzea 0) is primarily asmnblcd at a lomm, oflity +,an its Nac ofi-mmlhoior- (iij iE limited io cite ocvupa)-tt i,ho shall bc the mentaRy physictffly impaired pt�rou, 6H,, :ias iio more than 300 gross square foct. and (ji, i culopHey wi,,') upplicable ptosisions of the ffidustfiaaized Building Splety Lai,Q R-70 e, scq.� up,' the 1-Mmi SmmOde BuDdhg (Ode Q 3097 m Piacmy, Ube fumily1health care struct-ure on a perratment fbtm.drulou 60 not A mWired m A lowd, (tj A m; lee fmill ktalfh �Cmumre h6wfled Purstmor, to t,lis stcrioi-, mky be requiree io cttuiieci couriy -,et�c, and clectric wiliuic,4 a- a: are serviftg the primaq residence ,-n ilr;; froportl' arid, shal ccertpl-i all appliz;aNc, codes anti requirtme.'Its, ircludilig sueh yi,' Ai, tcrripmar., frm,,ily hem, cur snuormy Mcdco' pursmariz to, this scLtoti shall be NMIKIV—d 'n hidu "t0 VVY M YWA Is MMak M pplay ApAd NMM I W"MgCr i,-,g or i; r-eo iii Lehi oftliU5LI;istum-c po"ided 16T m lhir; SeLtiw-, to A A= of ox%mdm;, by Hce�_ie.d pfiyei6aa, MR be pawWed to It zorAng on wi amitad basis tr) tars.e ccmtrsud compharicv with thisse;miee. The 0,,i; 1.cmpoi-x-y famy, ir e care 5truciure ar reasonable tons un, CnAL to the emogim, PC,', lirrdie!'I alli amoral ckmlpliaiice `�o siglap, ajkertisiror otllemlse p,-0!11o!i11g the e"'istel'.ce oftht family cate saucturc shuH be ymAtted cithm on Ac e icTior ot the strualws or chembere on Be PyTmy 1g) lie mAg admixtimnWr may re',C'Y the. pemiji yj-um—d pin'suatu to Inds i., the vvis�uu I - z wi _ �,�IMiT 1104'.,er ihi., sectitm. Additimally, the , i-,m '-dimmis,resor rota,ti" : rij w"'.d V, rcliei' r fhe cimb cma of RwnAe Comy to mme a1712 f-1: wild, ti,,v sectior-.. Tue zoifing is all a-,1!1-,)rh:,, (it, lid-zrrifof-be g,,,A-ernil;g body ofThe kw'diix lo e;0-, this SmAt TO: TOWN MANAGER FROM: Anita J. McMillan, Planning and Zoning Director DATE: April 1, 2010 SUBJECT: VA DHCD Community Development Block Grant (CDBG) CDBG Proposed Business District Revitalization (BDR) Downtown Business District Revitalization Project ISSUE/PURPOSE: The Town was awarded $35,000 Community Development Block Grant (CDBG) Planning Grant in 2009 and the fund was used to complete the Downtown Master Plan: Economic Restructuring and Marketing Plan; and the Downtown Physical Improvement Plan. Staff would like to submit CDBG BDR Competitive Grant by March 30, 2011. A series of public hearings and Town Council meetings are required prior to the submittal of the CDBG funding proposal. Please see attached agenda of the first public hearing held on Thursday, February 24, 2011 from 5:30 to 6:30 p.m. ACTION REQUESTED: The Town Manager will brief the Town Council on the CDBG program funding, types of CDBG competitive grant project, and the Town of Vinton proposed CDBG proposed BDR/Downtown Revitalization Project. JUSTIFICATION: The Downtown Master Plan provided a roadmap for Town leaders to begin transforming Vinton's physical and economic character and strengthening its regional position by recognizing the assets of the downtown and developing strategies that are specifically based within these local assets. One of the most important parts of the development of the Plan was the planning and participatory process undertaken by the members of the downtown management team, citizens, town staff, and consultants. The process consisted of a series of management team meetings, visioning workshops, surveys, and public meetings from May 2009 through September 2010. The Plan identified community assets and opportunities to improve the most pressing economic and physical needs in the Downtown Vinton. The DDBG fund will enable the Town of Vinton to implement some of the identified revitalization projects identified in the Plan. BUDGETARY IMPACT: Funds from VA DHCD CDBG are on a reimbursable basis DATE ACTION NEEDED: March 15, 2011, Town Council regularly scheduled meeting to adopt resolution authorizing the Town Manager to file and application for the allocation of the Community Development Block Grant (CDBG) funds administered by the Virginia Department of IIousing Community Development (DHCD) for Town of Vinton Downtown Revitalization Project. TOWN OF VINTON COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROPOSED DOWNTOWN REVITALIZATION PROJECT FIRST PUBLIC HEARING Thursday, February 24, 2011: 5:30-6:30 PM Vinton Council Chambers Meeting Agenda Welcome and Introductions — Honorable Brad Grose, Mayor CDBG Program Overview — Chris Lawrence, Town Manager ■ Funding authorized under the Housing and Community Development Act of 1974 ■ Three National Objectives: o Low- and moderate -income benefit o Slum and blight elimination o Urgent community development needs CDBG Program Funding — Chris Lawrence, Town Manager • VA CDBG Funding 2011 Allocation - $23,500,000 ■ CDBG Competitive Grants Allocation - $13,705,000 2011 CDBG Competitive Grant Project Types — Chris Lawrence, Town Manager ■ Comprehensive Community Development: Water; Sewer, and Housing activities ■ Economic Development: Development Readiness; Slum and Blight Projects; Business District Revitalization (BDR) for Downtown or Other Commercial District; and Site Redevelopment ■ Housing: Housing Rehabilitation and Housing Production Assistance ■ Community Facilities: Water Services, Wastewater Services, Drainage and Street Improvements • Community Service Facility: Workforce Training, Health Care, and Daycare Associated with Economic Development, etc. Town of Vinton CDBG Proposed BDR/Downtown Project — Chris Lawrence, Town Manager ■ Project Overview: Planning Grant: $35,000, May 2009 • Planning Process: Downtown Management Team and Public Involvement ■ Downtown Revitalization Master Plan: Economic Restructuring & Physical Plans: September 2010 Next Steps — Chris Lawrence, Town Manager ■ Town Council Work Session, Tuesday, 3/1/11 ■ Second Public Hearing, Thursday, 3/10/11, 5:30 p.m. to 6:30 p.m. ■ Town Council Regularly Scheduled Meeting, Tuesday, 3/15/11, 7:00 p.m. • CDBG Grant Proposal Deadline for Submittal: March 30, 2011 Town of Vinton Downtown Revitalization SOorce R—Oke Wy Mgt—Feg-,f C --, 2011 antl R—.. 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