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HomeMy WebLinkAbout3/5/2013 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, March 5, 2013 AGENDA Consideration of: A. 6:00 p.m. - WORK SESSION 1. Request for funding presentations by Community Agencies: a. Vinton Area Chamber of Commerce b. Vinton Historical Society/Museum c. Mountain View Humane Spay/Neuter d. American Red Cross-Roanoke Valley Chapter e. Brain Injury Services of SWVA B. 7:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG E. CONSENT AGENDA 1. Consider approval of minutes for the regular Council meeting of February 19, 2013 F. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Roanoke Valley Greenway Commission G. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. H. TOWN ATTORNEY I. TOWN MANAGER Bradley E. Grose, Mayor William “Wes” Nance, Vice Mayor I. Douglas Adams, Jr., Council Member Robert R. Altice, Council Member Matthew S. Hare, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 J. MAYOR 1. Update on Economic Development Summit sponsored by Roanoke Regional Partnership. K. COUNCIL L. CLOSED MEETING 1. Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 A (7) of the 1950 Code of Virginia, as amended, for consultation with legal counsel pertaining to actual litigation. M. RECONVENE AND ADOPT CERTIFICATION OF CLOSED MEETING N. ADJOURNMENT O. WORK SESSION CONTINUED 1. Request for funding presentations by: a. Vinton Volunteer First Aid Crew b. Vinton Volunteer Fire Department 2. Briefing on proposed Ordinance to amend Appendix B, Zoning, Article VI, Nonconforming Uses and Features of the Town Code. 3. Briefing on proposed Extraterritorial Arrest Agreement between the Town of Vinton, Roanoke County, Roanoke City and the City of Salem. 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. NEXT TOWN COMMITTEE/COUNCIL MEETINGS: • March 11, 2013 – 5:30 p.m. – Finance Committee meeting – Finance Conference Room • March 19, 2013 – 6:00 p.m. – Work Session, followed by Regular Council Meeting at 7:00 p.m. Meeting Date March 5, 2013 Department Administration Issue Request for funding presentations by Community Agencies: a. Vinton Area Chamber of Commerce b. Vinton Historical Society/Museum c. Mountain View Humane Spay/Neuter d. American Red Cross-Roanoke Valley Chapter e. Brain Injury Services of SWVA Summary Representatives from each of the Community Agencies will be present to give a 10 minute presentation to support their request for funding in the FY2014 budget. NOTE – The Tri-County Lake Administrative Commission was not able to send a representative. Their request along with a Memo is also attached for your consideration. Attachments FY2014 Request for Funding Applications Recommendations No action required Town Council Agenda Summary To: Vinton Town Council Members From: Pam L. Dinkle, Lake Management and Project Coordinator, Tri-County Lake Administrative Commission (a Department of Bedford, Franklin and Pittsylvania Counties) Date: February 26, 2013 Re: FY2013/2014 Funding Request Smith Mountain Lake (SML) is a regional treasure which is enjoyed by visitors, the residents of the counties it borders, and also by many residents throughout the region, including Vinton. A volunteer cleanup event, Take Pride in SML, has taken place at the lake for the past 25 years. Annually, on the first Saturday in May, more than 1,000 volunteers participate in this event and remove man-made and natural debris from the lake. This office, along with two local organizations and a Planning Committee of volunteers handle the planning and organizing for this event. Providing ten dropoff sites, all which require debris removal capabilities, equipment, and supplies is a large task and it is not inexpensive. Fortunately, many of the needs are provided at no cost by generous sponsors, but there are remaining expenditures that must be paid. We recognize that many Vinton residents enjoy the lake, by accessing it at the public Hardy Road boat ramp or through other public and private locations. Heavy rainfall events, such as the one that occurred just a few weeks ago, results in a lot of man-made and natural debris entering the lake from many areas including the Roanoke River above the Hardy Road Bridge. This floating debris creates a danger for all who use the lake, especially boaters. This annual cleanup benefits all who enjoy the lake. Past cleanup events have resulted in the removal of up to 110 tons of debris from the lake in just one day. We invite the Town of Vinton to participate in this annual cleanup through the provision of a $ 500 contribution in FY13/14. We greatly appreciate your consideration of this request. The following pictures are from previous Take Pride in Smith Mountain Lake events: Volunteers work in the area across from the Hardy Ford Boat Ramp removing man-made and natural debris. Volunteers (of all ages) use PWCs and boats to collect debris to take to a drop-off site. Man-made (bottles, tires, etc.) and natural debris can be found near the shoreline and in the channel. A multitude of volunteers help remove debris from the lake to keep it safe for visitors and residents. Meeting Date March 5, 2013 Department Town Clerk Issue Consider approval of minutes for the regular Council meeting on February 19, 2013 Summary None Attachments February 19, 2013 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, FEBRUARY 19, 2013, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor William W. Nance, Vice Mayor I. Douglas Adams, Jr. Robert R. Altice Matthew S. Hare STAFF PRESENT: Christopher S. Lawrence, Town Manager Susan N. Johnson, Town Clerk Elizabeth Dillon, Town Attorney Ryan Spitzer, Assistant to the Town Manager Gary Woodson, Public Works Director Joey Hiner, Assistant Public Works Director Barry Thompson, Finance Director/Treasurer Ben Cook, Police Chief Anita McMillan, Planning & Zoning Director The Mayor called the regular meeting to order at 7:00 p.m. The Town Clerk called the roll with Council Member Adams, Council Member Altice, Council Member Hare, Vice Mayor Nance, and Mayor Grose present. After a Moment of Silence, Mr. Altice led the Pledge of Allegiance to the U.S. Flag. Roll Call Concerning the consent agenda, Mr. Hare asked if at the top of Page 5 the minutes could reflect that it was a conscious decision by Council and staff to not use a collection agency from a customer service standpoint. Mr. Hare also referenced the question in the minutes asking if our share of the cost of the WVWA Project includes the 3% contingency of the Authority and when we might expect an answer. The Town Manager responded that they will get an answer by the end of the week. Mr. Hare made a motion to approve the consent agenda as amended; the motion was seconded by Mr. Adams and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) - None. Approved minutes of Council’s regular meeting of February 5, 2013, as amended The next item on the agenda was a Proclamation recognizing Mike Huffer, Chief Mechanic of the Public Works Department, who has resigned effective February 28, 2013 to relocate in Memphis, Tennessee. Mr. Huffer could not attend the meeting and after brief comments by the Mayor, the Proclamation was presented to Gary Woodson, Public Works Director. 2 The next item on the agenda was a Public Hearing which has been postponed indefinitely, regarding petition of Williams Mullen, Authorized Agent for Clearview Manor Acquisition, LLC, for Rezoning from GB, General Business District to R-3 Residential District and for a Special Use Permit (SUP) for Clearview Manor Apartments, 1150 Vinyard Road. Anita McMillan, Planning & Zoning Director, reviewed her staff report and commented about the need to amend the Town’s Zoning Ordinance to conform to State Code Section 15.2-2307 relating to nonconforming uses and features. Mr. Preston Lloyd, the representative for the Petitioner, was notified and was given the option to either withdraw or ask for a continuance and he requested that the petition be withdrawn. He also requested to reserve the right to renew the petitions without paying an additional application fee should the lender make that requirement. The Planning Commission had their Public Hearing on February 7th. One citizen came to the meeting and staff explained the requirements of the State Code. On March 7th, the Planning Commission will have their Public Hearing on the proposed Ordinance to amend the Town Code and the Council’s Public Hearing will be on March 19th and Council will be asked to adopt the Ordinance. In addition to this nonconforming use, staff also found out about a legally recorded vacant parcel in the area of River Park Shopping Center that was approved prior to the Zoning Ordinance that did not have road frontage. Our current Zoning Ordinance now requires that any lot to be developed has to have frontage and if not they have to apply for a special exception of variance. The State Code supersedes that requirement because if it is a legally recorded lot prior to the Zoning Ordinance being amended, it should be allowed to be developed. Ms. McMillan commented that Mr. Hare has been informed about our Zoning Ordinance pertaining to a police impoundment lot as far as the number of days a vehicle can be stored. Under our Zoning Ordinance, we only allow 30 days. The State Code basically says that after 30 days the operator of the towing company should have the right to try to recoup their costs and be given an additional 60 days. Staff is working with the Town Attorney on this issue as well, but will not have this amendment ready until April. Vice Mayor Nance asked if the citizen at the Planning Commission meeting was the same citizen who had sent the email voicing his concerns. The response was no, he is a former Planning Commission member who lives behind Berkshire and his concern was regarding vegetation along 3 Berkshire. Staff explained to him that the Clearview property now has a different owner than Berkshire. Vice Mayor Nance asked if we amend the Town Code to make it conform with State Code, what would be necessary to have a water tank and the response was we would not have any control. Basically because it is an accessory use and incidental to the primary use of the building. The only requirement would be the five foot setback for an accessory use, 25 feet from the front yard setback, the height and will be required to get necessary permits. We will have no control over the design. The Mayor asked if we could include in our Code our own requirements as to the appearance of water tanks. Ms. McMillan responded no unless the Town amends the Zoning Ordinance and adopts design guidelines. Normally design standards apply to any building, for any accessory use unless put under a Special Use Permit requirement. We can do a design standard for just water tanks, but it would apply to any water tank and we would have to consider if we want to consider water tanks as a minor or major utility building, both of which are in the current Town Code. We could also specify as to whether they are private or public. The Mayor asked if staff could review the possibility of adopting this type of Ordinance. Vice Mayor Nance asked about the meaning of accessory, and the response was anything detached such as garage or storage building. When asked if it would apply to windmills, the response was that windmills and solar panels were discussed with the Planning Commission in several prior work sessions, but never went any further than those discussions. Mr. Hare asked if Mr. Boyd with the towing company would be held in violation until we amend the Town Code and the Town Manager responded no because he has submitted an application for the use. There are State codes that a towing company has to follow that have certain durations of time that present a challenge when our Zoning Ordinance only provides for them to keep the car for 30 days. There are some conflicts between our Zoning Ordinance and the State Code and we need to review both to come up with an accepted balance. Ms. McMillan indicated our current Code provides 30 days and the State Code requires an additional 60 days. Other localities have provided up to 120 days and we may look at 90 days especially when the business is in a residential area. The next item on the agenda was to consider adoption of a Resolution appropriating $686.75 received from Cycle Systems of Roanoke for scraped metal property from the 4 Public Works Department. Gary Woodson, Public Works Director, explained that these funds are put back into the building and maintenance fund for the Public Works building to buy materials for small repairs that can be handled in-house. Mr. Altice made a motion to adopt the Resolution as presented; the motion was seconded by Vice Mayor Nance and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) - None. Adopted Resolution No. 2006 appropriating $686.75 received from Cycle Systems of Roanoke for scraped metal property from the Public Works Department The next item on the agenda was to consider adoption of a Resolution approving the Downtown Revitalization Management Plan, the Downtown Façade Grant Program and the Revolving Loan Program Plan and Administrative Program Manual for the $700,000 CDBG Downtown and Economic Revitalization Grant. Mr. Spitzer made comments regarding the three documents. The Project Management Team approved the documents at their meeting on February 12, 2013. The Project Management Plan document is the plan that the team will be following through the duration of the project. The Façade Program plan will follow the current Façade Program with the exception that any contractor used has to be on the award list for the project. The Revolving Loan Program guidelines had some revisions. Beginning with Page 4 under “Uses”, it was decided that the working capital limit of 30% would be a guideline. The Team did not want to dissuade someone from getting a loan if it needed to be 40%. Under “Loan selection and approval process” it was decided that two business owners should be added to the loan committee to give a small business prospective, one from a business inside the grant area and one outside the grant area. Mr. Hare asked how the process would work if loan requests exceed available funds as described on Page 5, section 3. Mr. Spitzer responded that would only be taken into account if we received five loan applications at the same time. Mr. Hare asked about the types of collateral and who would determine the value and the response was the loan committee would have that responsibility. Mr. Hare expressed concern about using working capital and the response was that it would be used for start-up costs, not after the business is started. Vice Mayor Nance asked the Town Attorney what would happen if one of the applicants filed bankruptcy and Ms. Dillon responded that she did not know at this point. There was further discussion about ways to protect the Town in the event of default or bankruptcy. The Town Manager commented that the Revolving Loan Plan basically sets up 5 the structure of the program. The actual working application to include the details of what needs to be done to protect both parties will be the responsibility of the loan committee They will seek legal advice and the Town Attorney responded that she can provide advice as to what would put the Town in the best position should a party file bankruptcy. Mr. Spitzer commented that under “Loan conditions” security “shall” be required if determined necessary by the loan counsel was changed to “may” be required. The team thought it might be cost prohibitive for some businesses and other businesses may have enough assets or have been in business long enough to not require. Comments were made that the document is not consistent regarding who we will extend credit to and are we going to make high-risk loans or secured loans. The Town Manager further commented that the team did not want to set the standards too high in the outset, but to have guidelines to take applications and then let the professionals review them and make specific decisions. Vice Mayor Nance asked if there had been any discussion about loan forgiveness. The Town Manager commented that other localities have forgiven their loans after they are two years into the grant, but this is something that the loan committee will have to discuss. Mr. Hare asked the definition of operating season and the response was the difference between a business that is open year round as opposed to one that is opened only seasonal, like a lawnmower business. Mr. Spitzer referenced Page 6, Section 8 regarding the borrower submitting financials to the loan review committee from time to time. The team decided not to put a time frame on this requirement because they felt the committee needed some flexibility. Depending on the particular business, the committee may need to request financials early on to be able to offer guidance before they might default on the loan or file bankruptcy. Comments were made that it can be very costly and difficult for some small businesses to get financials. Mr. Hare asked if there are any covenants to recall the note in the event of non-payment and the response was there are only two stipulations at this time--if they relocate or if they go bankrupt. Mr. Hare also asked what recourse we would have if they refuse to conform to the Town Code or have other violations and the response was there are none. The Town Manager indicated that as a condition of the loan, the application must have an up-to-date business 6 license, zoning permit and be violation free. The Town Manager reiterated again that this document is just the framework and that the actual loan contract will spell out all the specifics and be brought back to Council for their approval. Vice Mayor Nance commented that he is fine with this document if it reflects the broad parameters and the details will be brought back to Council and Mr. Hare said he would like to see something more detailed with specifics to protect both sides. Vice Mayor Nance commented again about the loan turning into a gift. The Town Manager stated that today it is a loan because DHCD has approved a revolving loan fund. However, they have made it clear that after 24 months they no longer have government oversight over how the Town operates that loan pool. It becomes the Town’s choice. That is when that conversation becomes a valid conversation. Up until then, it is a loan fund. Mr. Adams commented that the whole idea is to offer help to get a new business started and if we get some successful businesses from this, he thinks we should look at that down the road on an individual basis. The Mayor commented that existing businesses can also apply for the loan for expansion. Mr. Adams made a motion to adopt the Resolution to include the items discussed. Vice Mayor Nance clarified the motion to adopt the Resolution with the explicit understanding that as details of the loan program develop, including the development of the contract, that it be brought before Council for approval thereof. Mr. Adams agreed with the amended motion; the motion was seconded by Vice Mayor Nance and carried by the following roll call vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) - None. Adopted Resolution No. 2007 approving the Downtown Revitalization Management Plan, the Downtown Façade Grant Program and the Revolving Loan Program Plan and Administrative Program Manual for the $700,000 CDBG Downtown and Economic Revitalization Grant, as amended The Mayor expressed appreciation for Mike Huffer and his contributions to the Town. The next item on the agenda was a report from the Highway Safety Commission. Mr. Woodson made the presentation on behalf of the Commission. Three areas that the Commission looked at were the Virginia/Glade intersection, the Vinyard Road/Hardy Road intersection and Preston Road. At the Virginia/Glade intersection, traffic is still making left turns even though there are “no left turn” signs. The proposal is to put some collapsible posts along that section to prevent left turns. A picture showing three different types was shown. Collapsible posts will allow emergency vehicles to make that turn when necessary. 7 This will be cost effective and will not affect the storm water drainage in that area. Comments were made about the appearance of these posts and Mr. Woodson said that there are other types available. Mr. Hare asked if we would notify the residents of that community that we are making that change and the response was it is not a requirement, but we can let them know. Mr. Altice commented that we should block off the area permanently and Mr. Woodson said that is a possibility, but more costs would be involved. That could be a possibility after the temporary posts have been there for a period of time. Mr. Hare asked about the cost of the posts and the response was they have not priced them. A question was asked if there are a lot of accidents at that area and Chief Cook responded no, but the biggest issue is to prevent vehicles from getting out into the traffic trying to make that turn. Further discussion was had about the appearance of the collapsible posts and the necessity of putting something temporary up to education the public about the change before putting up a permanent barrier. Mr. Woodson commented that we could purchase temporary posts that could be moved and used in another area when we decided to make this permanent. The Town Manager suggested that staff come up with a proposal and bring back to Council. The Mayor asked about the hillside where the new AEP foundation is in Town and the Town Manager commented that it is on private property. However, staff will review the issue further. Mr. Woodson commented on the next location, Vinyard/Hardy Road. The suggestion was made to designate and re-mark straight and turn lanes to allow left turn only at Vinyard Road at Hardy. The Commission is not recommending any change. One consideration was to time the signals different but that would present a traffic problem during peak times. A request is part of the FY2014 CIP budget to restripe this area. The third area is South Preston Road regarding the width of the roadway that narrows in the curves in the area of Evelyn Street. Public Works has moved the mailboxes back and plan to do some work on the shoulders in this area. Some of the recommendations were to put a stop sign at Fairmont and reducing the speed to 15 mph with a curve sign. The speed limit sign can be white or a yellow speed limit sign with the curve sign under it. Mr. Altice commented that Mr. Andrews of that neighborhood was pleased with what has been done so far. The Town Manager commented that Ms. Andrews had suggested 8 putting a white center line and the response was that putting a center line will push people to the shoulder. The better solution would be to slow traffic down and provide the opportunity for enforcement in that area. Vice Mayor Nance asked if the stop sign would make a difference at Fairmont because most traffic slows down there anyway and the response was if there is not a stop sign, people will not come to a complete stop but just roll through the intersection. The idea is to stop them and allow them to make the turn, which helps to engage the signs and reduce speed. From a safety and economic standpoint, signage is the way to go. Vice Mayor Nance asked Chief Cook if where there is a yellow speed limit sign, it is not an enforceable speed limit unless you cause an accident related to that speed. Chief Cook responded that some signs say “maximum safe speed” and some think that is a suggestion. He is not sure about the yellow speed limit sign. Mr. Woodson commented if you want an enforceable speed limit, use the white sign. The placement of the signs will be important as well. Council gave a consensus to proceed with the recommendation. The Town Manager asked Mr. Woodson to comment on the two large potholes on Mountain View and what our short term resolution will be. Mr. Woodson responded that they will continue to put stone down and cement to try and hold it in place. Other temporary solutions would be to put down a cold patch or cut out the area, re- stabilize the base and go back in over a larger patch. They will continue to monitor the situation. The Mayor commented that Mountain View should be a topic of future discussion because it is a heavily traveled road and in need of a more permanent solution. Mr. Woodson also commented on the buckling area on Virginia Avenue coming down the hill toward Pollard and he did include that in the FY2014 CIP as well. Comments from Council Members: Vice Mayor Nance mentioned the two new businesses, Bloop Yogurt and The Shoe Department. Mr. Adams commented on the new fencing around the Mountain View Cemetery and how much it helped with the appearance. The Town Manager commented that he and Mr. Spitzer had met with the new owners of the cemetery and they wanted the community to know that the cemetery open space is still open for the public and they are also making improvements to the main stone building on the property to include the addition of restrooms. 9 Mr. Adams moved that the regular meeting be adjourned, the motion was seconded by Mr. Hare and carried by the following vote, with all members voting: Vote 5-0; Yeas (5) – Adams, Altice, Hare, Nance, Grose; Nays (0) – None. The regular meeting was adjourned at 8:42 p.m. The Work Session began at 8:55 pm with a general update on revenues for the FY2013-2014 budget. After brief comments from the Town Manager, Barry Thompson, Finance Director/Treasurer, gave a power point presentation. Mr. Thompson began by stating that the General Fund revenues are projected to be at $7,670,049, which is a 3.67% increase over last year. The majority of that increase is $250,000 from the CDBG grant that we would expect to receive this fiscal year. Without that, the projected increase would be 0.30% increase. On the Utility Fund, projection is to be $3,107,055, which does not include any bond money or any rate increase that we might consider. This is a 0.21% increase over last year’s revenues. Mr. Thompson next reviewed the reassessments for next fiscal year. In year 2012 the assessed values for the Town were $466,502,000 and for 2013 they were $456,795,100 which is a decrease of $9,706,900. Only $357,000 in new construction for 2013 which brings a net decrease of $10,063,900. When we apply the $0.3 tax rate per $100 that shows a decrease from 2012 to $2,912, which is a 2.08% in our assessments. Discussion was had regarding the decrease in the personal property taxes for FY2014 and what accounted for the increase in 2013 over the prior three years. Mr. Thompson continued his presentation making comments on other local taxes totaling a projected amount of $4,108,725. Regarding the cigarette tax, Mr. Thompson commented that is one area where Council could consider increasing the tax rate. We are at $0.20 per pack. Roanoke City is at $0.54 and Roanoke County does not have a cigarette tax. Mr. Hare commented that an increase of $0.20 would give us $300,000 or $0.10 would give $150,000. Other categories were permits and fees totaling $11,500 and fines and forfeitures totaling $82,125. The Mayor asked what accounted for the decrease in 2011 and 2012 in Court funds and the response was it was felt that during that time, the Judges were sentencing individuals to more community service instead of fines. 10 In lieu of time, Mr. Hare suggested that Council end the work session. The Town Manager commented that Council has been presented a copy of the power point presentation and the budget worksheet for their further review. Mr. Thompson commented that the War Memorial will be broken out next year in a separate cost center so it can be monitored easier. He used last year’s revenue figure which will need to be reviewed with Mr. Kipp and the Finance Committee. He did increase the sales tax for this budget because we are doing very well. Also, the HB-599 funds should stay the same as last year and there has been no indication that the highway maintenance funds will be different. The work session was adjourned at 9:35 p.m. APPROVED: ________________________________ Bradley E. Grose, Mayor ATTEST: ___________________________________ Susan N. Johnson, Town Clerk Meeting Date March 5, 2013 Department Administration Issue Presentation by the Roanoke Valley Greenway Commission Summary Liz Belcher and Mark McClain will be present at the meeting to give this annual report on behalf of the Commission. Attachments Letter from Mark J. McClain, Chairman Recommendations No action required Town Council Agenda Summary Meeting Date March 5, 2013 Department Town Council Issue Update on Economic Development Summit sponsored by Roanoke Regional Partnership. Summary Council and staff attended an Economic Regional Summit on February 28, 2013, at the Roanoke County Green Ridge Recreation Center. The Mayor will make brief comments regarding this Summit and Council will be asked to appoint the Town Manager as the representative to serve on a Task Force. Attachments None Recommendations Motion to appoint the Town Manager Town Council Agenda Summary Meeting Date March 5, 2013 Department Council Issue Request to Convene in Closed Meeting, Pursuant to § 2.2-3711 A (7) of the 1950 Code of Virginia, as amended, for consultation with legal counsel pertaining to actual litigation. Summary Council with have consultation with the Town Attorney pertaining to actual litigation. Attachments Certification of Closed Meeting Recommendations Reconvene and adopt Certification of Closed Meeting Town Council Agenda Summary AT A CLOSED MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MARCH 5, 2013, AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDNG, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. CERTIFICATION THAT A CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Town Council of the Town of Vinton, Virginia has convened a closed meeting on this date, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Vinton Town Council that such closed meeting was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council hereby certifies that to the best of each member's knowledge: 1. Only public business matters lawfully exempted from opening meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Town Council. Motion made by Council Member ________ and seconded by Council Member ____________, with all in favor. ___________________________________ Clerk of Council Meeting Date March 5, 2013 Department Administration Issue Request for funding presentations by: a. Vinton Volunteer First Aid Crew b. Vinton Volunteer Fire Department Summary A representative from the Volunteer First Aid Crew and the Volunteer Fire Department will be present to give a presentation to support their request for funding in the FY2014 budget. Attachments FY2014 Request for Funding Applications Recommendations No action required Town Council Agenda Summary Meeting Date March 5, 2013 Department Planning and Zoning Issue Briefing on proposed Ordinance to amend Appendix B, Zoning, Article VI, Nonconforming Uses and Features of the Town Code. Summary During a recent rezoning request and development proposal on a vacant lot, Staff was made aware of the need to amend the Town’s zoning ordinance to conform and be consistent with the Virginia Code. The amendment pertains to nonconforming uses, features, structures, and lots. It provides that a nonconformity may continue so long as it is not abandoned for more than two years; specifies when certain property rights become vested; limits the enlargement, extension, or increase in intensity of nonconforming uses and features; the repair and replacement of nonconforming structures to allow for restoration to original nonconforming condition under certain circumstances and within a certain time period; provides for the development of lots that lack public road frontage upon issuance of a special use permit. Attachments Ordinance Recommendations No action required Town Council Agenda Summary 1 ORDINANCE NO AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, MARCH 19, 2013, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA AN ORDINANCE to substantially amend Article VI. Nonconforming Uses and Features of Appendix B, Zoning, of the Vinton Town Code for the purpose of conforming the Town’s Zoning Ordinance concerning nonconforming uses, features, structures, and lots with the Virginia Code governing same; setting forth the purpose of the ordinance; providing that a nonconformity may continue so long as it is not abandoned for more than two years; specifying when certain property rights become vested; limiting the enlargement, extension, or increase in intensity of nonconforming uses and features; regulating, consistent with the Virginia Code, the repair and replacement of nonconforming structures to allow for restoration to original nonconforming condition under certain circumstances and within a certain time period; providing for the development of lots that lack public road frontage upon issuance of a special use permit; providing for an effective date. BE IT ORDAINED by the Town Council of the Town of Vinton that Vinton Town Code, Appendix B, Zoning, Article VI, Non-conforming Uses and Features, is hereby amended and reenacted as follows: ARTICLE VI. NONCONFORMING USES, AND FEATURES, STRUCTURES, AND LOTS Sec. 6-1. - Nonconforming uses and features may continue. Subject to the limitations set forth in this article, nonconforming uses, nonconforming features and nonconforming buildings may continue. The terms "nonconforming use," "nonconforming feature" and "nonconforming building" shall have such meaning as specified in article X of this appendix. Sec. 6-1. Purpose. The purpose of this article is to regulate nonconforming uses, structures, and lots. The intent of these regulations is to: (a) Permit such nonconforming uses, structures, and lots to remain until removed, discontinued, abandoned, or changed to conform with the regulations of this chapter; (b) Recognize that nonconforming uses, structures, and lots are generally incompatible with the character of the districts in which they occur and, as such, in certain circumstances, such continuances should not be indefinite and that the nonconforming uses should gradually be removed in favor of uses, structures, and lots that conform to this chapter and the Official Zoning Map; and (c) Recognize that nonconforming uses, structures, and lots need not be entirely unchanged, and that under certain circumstances may change according to law and the provisions of this chapter. Sec. 6-2. - Extension of nonconforming uses. No nonconforming use shall be extended, enlarged or moved so as to occupy a different or greater area of land or buildings than was occupied by and actively devoted to such use at the time it became nonconforming, provided that a nonconforming use may be extended throughout such portion of land or such part of a building which was lawfully arranged, designed, equipped and intended for such use at the time it became nonconforming. 2 Sec. 6-2. Generally. (a) Within the zoning districts established by this ordinance, or by future amendments which may later be adopted, or by legitimate and legal actions taken by the town council or any other governmental agency, there exists or may exist lots, parcels, structures, uses of land and structures, and characteristics of site design and/or use, which were lawful before this ordinance was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance, or future amendment. Some of such structures, lots, parcels, uses, and characteristics are considered nonconforming. (b) A nonconforming use, structure, lot, or parcel may continue, as it existed when it became nonconforming, until removed, discontinued, abandoned, or changed to conform to the regulations of this ordinance. It is the intent of this ordinance that the continuance of nonconformities should not be indefinite, and that the nonconforming uses, structures, or characteristics should gradually be removed. (c) Except as provided within this article, no nonconforming use, structure, or lot shall be changed, moved, increased, enlarged upon, expanded, extended, or resumed after removal, discontinuance, or abandonment, or used as grounds for adding other lots, structures, uses of land and structures, or characteristics of use not in keeping with the regulations for the district in which such nonconformity exists. Sec. 6-3. Nonconformities; Establishment of vested rights. (a) Nothing in this article shall be construed to authorize the impairment of any vested right. Without limiting the time when rights might otherwise vest, a property owner's rights shall be deemed vested in a land use and such vesting shall not be affected by a subsequent amendment to this chapter, when the property owner: (1) Obtains or is the beneficiary of a significant affirmative governmental act which remains in effect allowing development of a specific project; (2) Relies in good faith on the significant affirmative governmental act; and (3) Incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act. (b) For purposes of this section and without limitation, the following are deemed to be significant affirmative governmental acts allowing development of a specific project: (1)The Town Council has accepted proffers or proffered conditions which specify use related to a zoning amendment; (2) The Town Council has approved an application for a rezoning for a specific use or density; (3) The Board of Zoning Appeals has granted a special exception; (4) The Board of Zoning Appeals has approved a variance; (5) The Town Council or its designated agent has approved a preliminary subdivision plat, site plan, or plan of development for the property and the applicant pursues approval of the final plat or plan within a reasonable period of time under the circumstances; or (6) The Town Council or its designated agent has approved a final subdivision plat, site plan, or plan of development for the applicant's property. (7)The Zoning Administrator or other administrative officer has issued a written order, requirement, decision or determination regarding the permissibility of a specific use or density of the landowner's property that is no longer subject to appeal and no longer subject to change, modification, or reversal under Subsection C of § 15.2-2311 of the Code of Virginia (1950), as amended. (c) Nothing in this ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of this ordinance, or amendments thereto, and upon which actual building construction was carried out diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of 3 an existing building has begun in preparation for rebuilding, such activities shall be deemed actual construction provided the work has been carried out diligently. Sec. 6-4. Nonconforming uses. (a) Where, at the effective date of this ordinance, or amendment thereto, lawful use exists of buildings, structures or land, individually or in combination with another structure, which use is no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued provided: (1) The use is not abandoned for more than two (2) years and so long as the structure in which such use is located is maintained in its then structural condition. Abandonment means the actual cessation of the nonconforming use of the property for more than two years regardless of whether or not the owner of the property intends to resume the nonconforming use at some point in the future. (2) Should a structure in which such nonconforming use is located be enlarged, extended, reconstructed, or structurally altered, except as otherwise permitted by the provisions of this article, the use of such a structure thereafter shall conform to the regulations of the district in which it is located. (b) No nonconforming use shall be enlarged, intensified or increased, or extended to occupy a larger square footage of building or lot area than was occupied on the effective date of the adoption or subsequent amendment of this ordinance. Such intensification, increase, or extension shall include enlargement of the building or other structure, expansion of the use on the premises, or the erection of an additional principal or accessory structure associated with such nonconforming use on the property on which the nonconforming use is located. (c) No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel unoccupied by such use at the time of the adoption or subsequent amendment of this ordinance. (d) No building or structure not conforming to the requirements of this ordinance shall be erected in connection with the nonconforming use of land. (e) Where nonconforming use status applies to a building or structure, removal of the building or structure shall eliminate the nonconforming status of the building or structure or land. (f) Any legally established use which existed prior to the adoption of this ordinance, or any subsequent amendments, shall not be considered a nonconforming use where a special use permit is now required for establishment of such use. The use shall be allowed to continue operation, as well as reconstruct or structurally alter the building or structure without the necessity of obtaining a special use permit. However, approval of a special use permit shall be required, in accordance with special use provisions, when either of the conditions below are present, in the opinion of the zoning administrator. (1) There is a ten (10) percent or greater net increase in the square footage of the use or structure proposed for expansion or enlargement; or (2) The expansion or enlargement will substantially alter the site design and layout as it relates to circulation, parking or other site characteristics so as to adversely affect surrounding properties. (3) This section shall not apply to broadcasting towers and associated antenna allowed by right as set forth by the ordinance. (g) A manufactured home park legally established prior to June 1, 1986 shall be allowed to continue operation in conformance with the provisions, provided the use as a park has not been discontinued for a period of more than two (2) years. (h) Notwithstanding (a) through (g) above, a nonconforming manufactured home existing on an individual lot of record that has served as an active dwelling for at least six (6) months may be replaced with another manufactured home provided: (1) The replacement home is installed on the lot within two (2) years of the removal of the home to be replaced, and; (2) The replacement home is installed in approximately the same location on the lot, and is installed to comply with the district setback regulations for principal structures, and; 4 (3) The installation of the replacement home complies with the use and design standards for manufactured homes. Sec. 6-3 Sec. 6-5. Alterations to buildings devoted to nonconforming use. (a) Except as otherwise provided in this article, no building or portion of a building devoted to a nonconforming use shall be enlarged, extended, structurally altered, reconstructed or moved, unless such building or portion of a building is thereafter devoted to a use which conforms with the use regulations of this appendix. Nothing in this article shall be construed to prohibit normal repair, maintenance or incidental alteration of a building or the alteration, strengthening or restoring of a building to safe condition as may be required by law. (b) A single-family dwelling which is a nonconforming use in a GB, CB, M-1 or M-2 district may be structurally altered and may be enlarged or extended, and a building or structure accessory thereto may be altered, enlarged or constructed, provided that in no case shall the total amount of floor area, including all enclosed and unenclosed space and garage or carport space, be increased more than 800 square feet. No existing lot area, lot width or yard shall be reduced to less than required for single-family dwelling use in the R-3 residential district. Sec. 6-4. Sec. 6-6. Change of nonconforming use. (a) A nonconforming use of land or a nonconforming use of a building may be changed to a use which conforms with the use regulations of the district in which it is located or to a use, other than a multifamily dwelling, which is first permitted by right in a more restricted zoning district. Whenever a nonconforming use has been changed to a conforming use or to a more restricted use, such use shall not thereafter be changed back to the original nonconforming use or to any less restricted use. (b) For purposes of this article, a more restricted zoning district shall be construed to be a district in which the permitted uses and intensity of use are more limited. The term "use" shall be construed to be a type of activity as listed in the use regulations of a zoning district, and a change in occupancy, ownership or management shall not in itself constitute a change in use. Sec. 6-5. Sec. 6-7. Discontinuance of nonconforming uses. (a) Whenever a nonconforming use of land or a nonconforming use of a building is discontinued for a period of more than two years (except if the premises is damaged or destroyed as a direct result of conditions resulting in a federal disaster declaration as set forth in Sec. 6-9 herein), whether or not equipment or fixtures intended for such uses are removed, any subsequent use shall conform with the use regulations of the district in which the property is located. (b) In case of determination by the zoning administrator that a nonconforming use has been changed to an illegal use, such illegal use shall cease and any subsequent use of the premises shall be in conformity with the use regulations of this appendix, or the illegal use may be changed to the last lawful nonconforming use to occupy the premises, so long as it has not been more than two years since the non- conforming use ceased. Sec. 6-6. Sec. 6-8. Use and alteration of buildings with nonconforming features. (a) A building which is nonconforming with respect to the bulk regulations or other feature required by this appendix may nonetheless be converted to and occupied by a use permitted in the district in which the building is located, provided that off-street parking and other requirements applicable to the new use are satisfied. 5 (b) A building which is devoted to a conforming use and is nonconforming with respect to the bulk regulations or other feature required by this appendix may be enlarged, extended or structurally altered, provided that the degree or extent of any nonconforming feature is not increased. (c) An increase in the height of any portion of a building which is nonconforming with respect to a yard requirement shall be deemed to be an increase in the extent of the nonconforming yard of the building. Sec. 6-7. Sec. 6-9. 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 an accidental fire, or an explosion, natural disaster or other 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. For purposes of this section, an "act of God" shall be defined as any natural disaster or phenomena including, but not limited to, a hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake or fire caused by lightning or wildfire. For purposes of this section, owners of property damaged by an accidental fire have the same rights to rebuild such property as if it were damaged by an act of God. (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 or destroyed by a natural disaster or other act of God to an extent greater than 50 percent of its more most 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. and cannot be repaired, rebuilt, or replaced except to restore it to its original non-conforming condition, the owner shall have the right to do so. However, the owner shall apply for a building permit and any work done to repair, rebuild, or replace such building shall be in compliance with the provisions of the Virginia Uniform Statewide Building Code (Virginia Code § 36-97, et seq.) and the provisions of the local flood plain regulations adopted as a condition of participation in the National Flood Insurance Program. (c) Notwithstanding the foregoing, any restoration, repair, reconstruction, or reuse undertaken pursuant to this section shall be completed within two years of the date of damage. If the nonconforming building is in an area under a federal disaster declaration and the building has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then any restoration must be started and completed within forty-eight (48) months of the date of the damaging event. Owners of property damaged by an accidental fire shall have the same right to rebuild such nonconforming property as if it were damaged by an act of God. Nothing herein shall be construed to enable the property owner to commit arson under Virginia Code §§ 18.2-77 or 18.2-80, and obtain vested rights under this section. Sec. 6-8. - Special exception for nonconforming buildings and uses. The board of zoning appeals shall have the authority to grant a special exception as provided in article IX of this appendix for restoration, repair, reconstruction or reuse of a building having a nonconforming feature or a building devoted to a nonconforming use which is damaged by fire, explosion, act of God or the public enemy to an extent greater than 50 percent of its most recent assessed taxable value, provided that: (a) Before granting any such special exception, the board shall be satisfied from the evidence presented that the proposed restoration, repair, reconstruction or reuse would result in the minimum deviation from the provisions of this appendix necessary to enable reasonable use of the property 6 with consideration for its use prior to the damage. Whenever possible, the board shall require reduction in the degree or extent of nonconforming features and uses; (b) In no case shall the board authorize restoration, repair, reconstruction or reuse to any extent that constitutes a greater deviation from the provisions of this appendix than existed prior to the damage; and (c) Before granting any special exception, the board shall receive testimony and make a finding that restoration, repair or reconstruction of the building will not unreasonably impair light and air to adjoining property, will not impair established property values in the immediate area and will not otherwise be detrimental to the health, safety and general welfare of the public. Before granting any special exception to reestablish a nonconforming use, the board shall also receive testimony and find that the continued operation of the nonconforming use is in the public interest and contributes to public convenience. Sec. 6-10. Nonconforming Lots of Record. (a) Pursuant to Code of Virginia (1950) Section 15.2-2261(F), an approved final subdivision plat that has been recorded, from which any part of the property subdivided has been conveyed to third parties (other than to the developer or local jurisdiction), shall remain valid for an indefinite period of time unless and until any portion of the property is subject to a vacation action as set forth in Code of Virginia, §§ 15.2-2270 through 15.2-2278, as amended. (b) A lot of record that is nonconforming due to lack of adequate frontage, width, depth, or area may be developed, provided the development proposed on the lot is in accordance with the applicable use and design standards contained in the district regulations. (c) Any lot of record that has legal access but is nonconforming because it has no public street frontage may be developed, or an existing structure on the lot may be expanded, provided the Town reviews and grants a special use permit for the proposed development, expansion, and use in accord with the standards and procedures contained in this ordinance. Sec. 6-9. Sec. 6-11 - Intermittent, temporary or illegal use. Intermittent, temporary or illegal use of land or buildings shall not be construed to establish the existence of a nonconforming use for the purposes of this article, provided that a lawful seasonal use that was in operation for at least two consecutive seasons immediately prior to the adoption of this appendix or subsequent amendment thereto shall be considered a nonconforming use for seasonal purposes only and shall be subject to the provisions of this article. This ordinance shall take effect upon passage. This Ordinance adopted on motion made by Council Member ________________ and seconded by Council Member ____________________, with the following votes recorded: AYES: NAYS: APPROVED: __________________________________ Bradley E. Grose, Mayor ATTEST: ____________________________________ Susan N. Johnson, Town Clerk Meeting Date March 5, 2013 Department Police Issue Briefing on proposed Extraterritorial Arrest Agreement between the Town of Vinton, Roanoke County, Roanoke City and the City of Salem. Summary Law enforcement agencies from the Town of Vinton, Roanoke County, Roanoke City, and the City of Salem, have met to discuss developing a regional agreement regarding responses, activities, and arrests in the Roanoke Valley to enhance our ability to deliver law enforcement services. This agreement expands and improves on one already in place between Roanoke County and the City of Roanoke. Attachments None Recommendations No action required Town Council Agenda Summary