HomeMy WebLinkAbout11/2/2010 - Regular �1N O�
Bradley E. Grose, Mayor 0 Vinton Municipal Building
Robert R.Altice, Councilmember 311 South Pollard Street
Carolyn D. Fidler, Vice Mayor Z Vinton, VA 24179
Matthew S. Hare, Councilmember a3 (540)983-0607
William "Wes" Nance, Councilmember p
1884
Vinton Town Council
Regular Meeting
Tuesday, November 2, 2010
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
D. CONSENT AGENDA
E. AWARDS, RECOGNITIONS, PRESENTATIONS
F. CITIZENS' COMMENTS AND PETITIONS
G. PUBLIC HEARING —
1. Request to Rezone Properties Located at 1015, 1021, 1027, 1037 and 1045
Hardy Road from RB Residential Business to GB General Business to Allow for
Commercial Development
a. Staff Report
b. Applicant Statement
c. Public Comment
H. TOWN ATTORNEY
I. TOWN MANAGER
J. MAYOR
K. COUNCIL
1. Finance Committee Report
L. ADJOURNMENT
NEXT TOWN COUNCIL MEETINGS:
* Regularly Scheduled Meeting of November 16, 2010
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT.
Reasonable efforts will be made to provide assistance or special arrangement's 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.
2
LEGAL NOTICE OF PUBLIC HEARING
® TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Section 15.2-2204 of the 1950 Code of Virginia, as amended, the
Town Council of the Town of Vinton,Virginia,hereby give notice of a public hearing to be held on
Tuesday, November 2, 2010, at 7:00 p.m. in the Council Chambers of the Vinton Municipal
Building, 311 South Pollard Street, Vinton, Virginia.
The purpose of the public hearing is to receive comments concerning:
Petition of Rachel Juanita Setzer, et al, for a rezoning of five tracts of land: 1015,
1021, 1027, 1037 and 1045 Hardy Road,tax map numbers 061.17-03-10,061.17-03-
11, 061.17-03-12, 61.17-3-13 and 61.17-3-14.1 from RB Residential Business
District to GB General Business District. The purpose of the rezoning is to allow for
commercial development.
Further information concerning each public hearing may be obtained in the Planning and Zoning
Department located at 311 South Pollard Street,Vinton,Virginia 24179,(540)983-0601. Interested
persons may be heard at the above public hearings.
Given under my hand this 30th day of September, 2010.
Chris Lawrence
Town Manager
NOTICE OF INTENT TO COMPLY WITH DISABILITIES ACT. Reasonable efforts will
be made to provide assistance or special arrangements to qualified individuals with disabilities in
order to participate in or attend the meetings. Please call (540)983-0607 at least 48 hours prior
to the meeting so that proper arrangements may be made.
40 Date: October 20, 2010
To: Town of Vinton Council
Chris Lawrence, Town Manager
Anita McMillan, Planning Director
Re: Proposed Proffers for the Hardy Road Rezoning Case
A group of concerned Vinton citizens, including Paul and Bonnie Hartsel, Tommy
and Betty Jo Overstreet, Mary Beth and Randy Layman, Janet Scheid and
Bud LaRoche, Mrs. Roe and Mr. and Mrs. Dean Bushnell have met several times
to discuss our concerns regarding the proposed rezoning of properties along
Hardy Road. We are not an anti-business group - but we are very pro-
neighborhood and pro good planning, design and development. We respectfully
ask that you consider the following information and recommendations.
The Vinton Area Corridors Plan outlines some goals that are worth mentioning in
the context of the following proffer recommendations. The Plan emphasizes
improvement to the visual appearance of Vinton's corridors while protecting the
community's character and identity. We are very proud to say, and think
Town Council would agree, that Vinton's neighborhoods are a huge component
of Vinton's community character. We think it's important to cherish and protect
those neighborhoods. We want Vinton to continue to be a wonderful place to
live, work, play and raise a family.
The Corridors Plan also encourages quality development— not just any
development or development for the sake of tax revenues — but quality
development. We contend that it's difficult, if not impossible, to encourage
quality development when so little detail is available for the Hardy Road rezoning
case.
As it relates to this proposed rezoning, possibly the most important Plan goal is
to increase the safety of transportation along the corridors. One of this citizen
group's biggest concerns is traffic safety in the Hardy Road area. Considering
the confluence of roads at this intersection, the merging traffic lanes and the
competing turning movements that already exist it is difficult to imagine a
development scenario, on these five properties, that improves the safety of
transportation along this corridor.
With our neighborhood and these Corridor Plan goals in mind, we recommend
the following proffers:
1. The property shall be used only as a retail store or shop; with the
exception that a convenience store, as defined by Article X.Section 10-
2(20) shall not be allowed; nor shall a Gasoline Service Station, Self-
® Service Gasoline Station, Article X.Section 10-2(39), or Auto Service
Centers, Article X.Section 10-2(10) be allowed.
2. Only one retail store or shop shall be located on the property.
3. All lighting near those property lines adjoining residential properties shall
be shielded "cut-off' types to internalize illumination and avoid spillover to
adjacent residential properties and public roads.
4. Business hours shall be no earlier than 7:OOam and no later than
10.00pm.
5. The rear 100 feet of the properties shall serve as a buffer for the adjoining
residential properties. Within this buffer, all existing hardwood trees over
3 inches in diameter shall be preserved.
6. A vegetative screen shall be planted to the following specifications: 10-12
foot trees to include Leyland Cypress, Norway Spruce, American
Arborvitae or American Holly. Trees shall be planted at a rate of 1 tree
per 15 feet. In addition, shrubs at least 24 inches in height shall be
planted at a rate of 6 per 10 feet. Approved species include: azalea,
rhododendron, viburnum, Chinese holly or Japanese holly.
7. A traffic impact study shall be done for the project and all
recommendations, if agreed to by the Town, shall be implemented by the
developer. Neither the traffic impact study nor the implementation of the
study recommendations shall be at the Town's expense.
8. All roof top equipment shall be shielded from noise and visual impact to
the residential neighbors.
9. All parking shall be to the front or side(s) of the building with no parking in
the rear.
10. If a "drive-thru" window is part of the development it shall not be located to
the rear of the site.
11.The entrance to the site shall be located to the west of Nelson Street.
Thank you for your consideration of these proffers. We understand that all
proffers are voluntary but hope that Council and the petitioners will give these
serious consideration.
• ORDINANCE NO. 904
AT A PUBLIC HEARING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY,
NOVEMBER 2, 2010, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON
MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA.
AN ORDINANCE to approve the petition of Rachel Juanita Setzer, et at, to rezone the
properties located at 1015, 1021, 1027, 1037, and 1045 Hardy Road, tax map numbers 061.17-
03-10.00, 061.17-03-11.00, 061.17-03-12.00, 061.17-03-13.00, and 061.17-03-14.01,
respectively, from RB Residential Business District to GB General Business District.
THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia
that the petition of Rachel Juanita Setzer, et al, to rezone the properties located at 1015, 1021,
1027, 1037, and 1045 Hardy Road, tax map numbers 061.17-03-10.00, 061.17-03-11.00, 061.17-
03-12.00, 061.17-03-13.00, and 061.17-03-14.01, respectively, from RB Residential Business
District to GB General Business District be approved with the following proffered conditions
submitted by the Petitioner which the Town Council of Vinton, Virginia hereby accepts.
The Petitioner has offered the following five (5) proffered conditions:
1. The following GB General Business District uses shall not be permitted on the subject
• properties:
(1) Adult day care centers
(2) Auto and truck sales and service establishments
(3) Gasoline service stations, self service gasoline stations and auto service centers
(4) Veterinary clinics and animal hospitals
Special Uses:
(1) Flea markets
(2) Halfway house
(3) Outpatient mental health centers
(4) Outpatient substance abuse centers
2. A traffic study will be provided by the developer of the property as part of the site plan
review process as required by the Town of Vinton for site plan review and approval.
3. The properties will be developed with a maximum of two entrances.
4. The properties will be developed in accordance with the transitional/buffer yard
requirements as shows and described on the attached Exhibit"A"prepared by Balzer and
Associates, Inc. Dated October 28, 2010.
• 5. All site/parking lot lighting shall have fully concealed fixtures. No more that 0.5 foot
candles shall be permitted to cross any adjoining property line.
Adopted on motion by Councilman , and seconded by
Councilman , with the following votes recorded:
AYES
NAYS
APPROVED:
Bradley E. Grose, Mayor
Town of Vinton
Attest:
Darleen R. Bailey, Town Clerk
•
ACTION NO:
• ITEM NO:
TO: TOWN MANAGER'S OFFICE .
FROM: Karla Turman, Associate Planner
DATE: October 29, 2010
SUBJECT: Hardy Road Rezoning Request
ISSUE/PURPOSE: Attached is an amended set of proffers that were received today for the
Hardy Road Rezoning Request. These proffers were received from David Bullington,attorney for
the petitioner(s).
STAFF COMMENTS REGARDING EACH PROFFERED CONDITION:
Proffer#1: The prohibition of certain uses on the property would be enforceable by staff under
the Vinton Zoning Ordinance.
Proffer#2: Staff's recommendation for wording of this proffer:
A traffic study will be provided by the developer of the property as part of the site plan review
• process as required by the Town of Vinton for site plan review and approval. The traffic study
required elements shall be as generally described in the Virginia Department of Transportation,
Traffic Impact Analysis Regulations. The study shall be performed by a professional engineering
firm whose qualifications and experience are acceptable to both the Town and the Developer.
This firm shall have demonstrated past experience in traffic engineering. In the event the property
is developed in phases or as multiple individual projects, then the Town may require one
comprehensive traffic study for all projects or individual traffic studies for each project based
upon generated traffic impact.
Proffer#3: Entrances and exits will be studied as part of a traffic impact analysis/traffic study.
Proffer#4: As Exhibit"A"is referred to being attached to the proffer,the buffer zones stated on
it become enforceable.
Proffer#5: This proffer would be enforceable.
DATE ACTION NEEDED: November 2, 2010.
• 1
10/27/201.0 16:147 FAX LONG & FOSTER SOUTH Q002/002
Date:10/28/10
Ameud6d:Proffers For 'I'm. Plbrcel Numbers:
061.17-03-10.0o
061.17-03-11.00
061,17-03-12.00
061.17-03-13.00
061.1743-14.01
The undersigned property qN n applying for rezoning.of the above:referenced
Properties located at 103 7,i�15,1021,1027 and 1045 Hardy Road hereby proffer the
following conditions:
1. The foll Owing.GB (General Business)uses shall not be permitted on the-subject
properties: adult dw care centers,auto and truck sales and service.
establishments,.vetnary clinics and animal hospitals,flea markets,gasoline
service stations,sel€service gasoline stations and auto service centers,halfway
house,outpatient menntal.health centers,and outpatient substance abuse centers.
2. A traffic study will be provided by the developer of the property as partbf the site
plan review process-'Os required by the.Town of Vinton for site plan review and
approval.
• I The properties will be developed with a maximum of two entrances.
4. The properties will$le developed in accordance with the transitionallbuffer yard
requirements as shorn and described on the attached Exhibit"A"Prepared by
Balzer and Associat4s,Inc, Dated October 28,2010.
5. All site/parking lot lighting shall have fully concealed.fixtures.No more that 0.5
foot candles shall bdipermitted.to cross any adjoining property line.
Signed:
Rachel J Selzer: G Date:
Geraldine Miller:
Date: /0 7 -7 —/t?
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Virginia g' Smith: _% Date: ,�� jl'6
Charles Watson: Date: ti O2 1 O
Tiana Tran: Date: 1C7 2 7
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Minutes of the Finance Committee Meeting
Thursday, September 2, 2010
At 3:30pm., Barry Thompson called the meeting to order. The members present for the
meeting were Council Members Matt Hare and Wes Nance, Town Manager, Chris
Lawrence, Treasurer/Finance Director Barry Thompson, Public Works Director Michael
Kennedy and Financial Analyst Lydia Verdillo.
The agenda was approved as presented.
The minutes of the May 18, 2010 meeting was review and approved.
Item One—Mr. Lawrence introduced the first topic regarding the a request from a sewer
custom who has a need to connect to the Town's sewer system because of a failing septic
system. The customer had requested if the Town would be able to extend financing
arrangements to them. It was discussed in Council and was sent back to the Finance
Committee to consider ways to provide the ability to provide connections for individuals
that met certain financial criteria. The following areas were discussed:
1. A formal application process y
2. A Letter of Denial from a Financial Institution
3. The Town would have to comply with Fair and Equal Housing Laws
4. Accounting Implementations—General Fund vs Utility Fund
The Finance Committee after considering all these facts recommended that a rate analysis
study be calculated from our water/sewer system base users that would generate $20,000
per year or whatever amount determined necessary to offset the cost of this type of
program and present it to the full Council in the near future.
Item Two—Council was given the Financial Reports for August and discussion was
made on the types of reports Council would like to see in the future. Mr. Hare indicated
he would like to see more summary type reports. He indicated a Revenue and Expense
Statement was what he was looking for something that would give more of the bottom
line between the revenue and expenses. This type of reporting would give a better look
for Council. A cash flow type report was discussed where percentages would be
forecasted on the Revenue and Expense Accounts and run on a YTD report instead of on
an annual report as currently reported. Mr. Thompson indicated he would work with
ACS the Financial Software provider regarding the reports to determine what is currently
available in the standard reports.
Meeting adjourned at 6:30pm with the next meeting set for October 21, 2010.