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HomeMy WebLinkAbout10/5/2010 - Regular Bradley F. Grose; MayorVOA Vinton Municipal Building Robert R,Altice, Coun ilmember =- 11 South bollard Street Carolyn D.Fidler;Vice Mayor Z Vinton,VA 24179 l attliew S. Here,Coun ilmember 40 983-1 0 William"Wes"Nance, Coun ilmember , 188 Vinton Town Council Regular Meeting Tuesday, October 6, 2010 AGENDA Consideration of. A. 7 00 P.M. -- atoll Call and Establishment of a Quorum B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. CONSENT AGENDA . Request to Approve Minutes for Regular Council Fleeting of September 7, 2010 2. Request by Police Department to Allocate Donated Funds -- Resolution No, 1388 3. Request to Approve Mutual Aid Agreement with Rocky Mount 4; Request to Allocate Revenue Funds to Various Expenditure Accounts is - Resolution No. 133 E. AWARDS,ARDS, E OGNITIONPRESENTATIONS F. CITIZENS' COMMENT AND PETITIONS G. PUBLIC WEARING-- Rescheduled for November . bequest to Rezone Properties Located at 1015, 1021, 1027, 1037 and 1045 Hardy Rued from RB Residential Business to GB General Business to Allow for Commercial Development N. TOWN ATTORNEY I. TOWN MANAGER 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. Public Input c. Council Discussion J. MAYOR K. COUNCIL L. ADJOURNMENT NEXT TOWN COUNCIL MEETINGS: Regularly Scheduled Meeting of October 19, 2010 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 — Debt Set-Off Program 2. Discussion — Committee Appointment Process 2 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, SEPTEMBER 7, 2010, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor Robert R. Altice Carolyn D. Fidler Matthew S. Hare William W. Nance STAFF PRESENT: Chris Lawrence, Town Manager Consuella Caudill, Asst. Town Manager Elizabeth Dillon, Town Attorney Gloria Morgan, Acting Town Clerk Barry Thompson, Finance Director/Treasurer Anita McMillan, Planning Director Joey Hiner, Assistant Public Works Director 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 Regular Meetings of July 20 and August 17, 2010 and Special Called Meeting of August 3, 20 2. Request to Appoint Paul Mason to Vinton Planning Commission 3. Request to Recommend Appointment of Don Altice as a Regular Member of the Vinton Board of Zoning Appeals E. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Report from Vinton Historical Society 2. Recognize Finance Department for GFOA Award F. CITIZENS' COMMENTS AND PETITIONS G. OLD BUSINESS H. TOWN ATTORNEY 1. TOWN MANAGER 1. Glade Creek Riparian Buffer Update J. MAYOR K. COUNCIL 1. Finance Committee Report L. ADJOURNMENT WORK SESSION 1. Discussion — Commercial Vehicles 1 Roll call, invocation Mayor Grose called the regular meeting to order at 7.00 p.m. and Pledge of Following roll call, Mr. Bill Booth gave the invocation and Allegiance to U.S. Councilman Altice led the Pledge of Allegiance to the U.S. Flag. Flag. The consent agenda was approved on a motion by Mr. Nance and Approved Consent seconded by Ms. Fidler. The motion passed with all in favor. Agenda Don and Carolyn Williams thanked Town Council and Town employees for their efforts to make Relay for Life a very successful event. They reported that all of their goals were met for 2010 and that they expected the Vinton Relay for Life per capita ranking to be very high in the nation. Ms. Williams noted that Vinton's Relay for Life per capita rate this year was $10.81. Mr. and Mrs. Williams presented a framed certificate to the Mayor recognizing the Town for its contribution to the event. Mattie Forbes expressed her appreciation on behalf of the Vinton Historical Society for the support they receive from the Town of Vinton and reported on their activities for the year. Doug Forbes gave a brief report on the work done by volunteers on the property and thanked Public Works employees who assisted with removing old bathroom and kitchen fixtures. He noted that the room upstairs that was a kitchen will be designated the Town of Vinton Room. Mayor Grose presented the Town's Finance Director/Treasurer, Barry Thompson, with a Certificate of Achievement for Excellence in Financial Reporting from the Governmental Finance Office. Mr. Thompson pointed out that he would not have received this award without the assistance of his great staff. Aaron Lyles, who lives at 836 Mansard Square Drive, proposed that a Civic League be formed in the Town. Mr. Lyle felt that this would be a good way to actively engage citizens within the Town. He further explained that a civic league would be another avenue for Town officials and citizens to get together to discuss ideas. Ms. Fidler commented that she felt that Council needs to look at what the financial implications may be before the Town gets involved. She requested more information. The Mayor stated that he would certainly support such an organization. Mr. Lawrence followed up on the development of a riparian buffer on Follow-up on riparian 2 Glade Creek in the Midway area. He advised that a neighborhood buffer issue meeting had taken place to address neighborhood concerns regarding vegetation growing in the buffer area. Mr. Lawrence noted that at the meeting, considerably more education on riparian buffers was provided to citizens who live in the area. A discussion ensued on what the Town could do to make the riparian buffer more acceptable to the neighborhood as well as what the neighbors wanted to see take place. Mr. Lawrence advised that the group was able to find a "happy medium" with respect to environmental responsibility for the creek and the Town's financial responsibility. He further advised that by the end of the meeting, everyone involved was in agreement with the decision to mow an additional 20 feet of ground area. He noted that 50 plus feet of the riparian buffer would remain and would provide the needed protection. The Town Manager advised that he had informed Mr. Drewery of the compromise and that he and two other residents who had not attended the meeting, had agreed on the compromise to mow 20 feet of the riparian buffer area. Mr. Lawrence pointed out that another key issue was weeds that had grown to more than 3 feet in height. He went on to say that the urban forester who had attended the meeting had recommended that the Town spot spray the large weeds in the buffer area so they would not grow back. Mr. Lawrence reported that Ms. McMillan is currently working on a grant to fund future projects that will focus on areas that are not in neighborhoods. Mr. Nance thanked Mr. Lawrence, Mr. Kennedy and Ms. McMillan for their efforts to work out a plan that was agreeable with all parties. Mr. Altice noted that staff would need to speak with Mr. Pritchard, a citizen in the neighborhood to advise him that he had to stop mowing the buffer area. Mr. Hare questioned the wisdom of spraying the tall weeds that were growing in the area and Mr. Lawrence assured him that it was an acceptable practice to spray them. Mr. Hare questioned the Assistant Public Works Director as to how much time it would take to mow the additional 20 feet of buffer area. Mr. Hiner responded that he was not sure how long it would take but the area would need considerable prep work before the mowing could be done. Mayor Grose thanked staff for their efforts in arriving at an equitable agreement. 3 Mayor Grose commented that he had received a "thank you" note Comments from the from Eagle Scout Lawrence Garland, who had installed the picnic Mayor and Council area located next to the Municipal Building. He felt that the Town needed to thank Mr. Garland for his efforts in preparing the site and installing the picnic tables and benches. He asked the Town Clerk to prepare a Certificate of Appreciation for Mr. Garland and to invite him and his Scout Troop to attend a future Town Council meeting. Mayor Grose reported that the Downtown Revitalization Plan had been presented at a meeting held earlier that day and advised that the process was continuing. The Mayor expressed his appreciation to Thrasher Memorial United Methodist Church for their efforts that made it possible for the Town to operate the Vinton Pool this summer. Following a brief discussion, the Mayor announced that Town Council would be attending all three church services at Thrasher on Sunday, September 19th to recognize the Church's congregation for their work and financial support. He asked the Town Clerk to prepare a proclamation to be presented at the Church services. Mayor Grose reported that during the Fall Festival, Police Sergeant Anna Wooten had been asked to install a child safety seat in a Town resident's vehicle. He advised that Sergeant Wooten had advised the vehicle owner that her car seat would not work properly and recommended that she purchase a new car seat. The Mayor went on to say that shortly after this incident, the vehicle was involved in an accident. He stated that the driver of the vehicle had spoken to him at church and had advised him that she credited the Vinton Police Department with the survival of her infant due to Sergeant Wooten's recommendation. Mayor Grose noted that doing your job well every day can make a difference. Vice Mayor Fidler commented that she enjoyed the Downtown Revitalization meeting and really liked the ideas for the Farmers Market. She also pointed out new businesses that had opened in the Town. Mr. Nance congratulated the Finance Department for their GFOA award and recognized the Historical Society for the work they do. Mr. Hare thanked Thrasher Memorial United Methodist Church for their time and money to make this year a successful one for the Vinton Pool. He also thanked Town staff for their efforts in the pool operation this year. 4 Mr. Hare moved to appoint Aaron Lyles to the Roanoke Valley Greenway Committee. The motion was seconded by Mr. Nance and unanimously approved on a roll call vote. Mr. Lyles thanked Council for the appointment. Mr. Hare briefly reported on a finance committee meeting that was held on September 2nd. He advised that the Finance Committee gave staff clear direction to develop a method of reporting financial information that can be easily understood by Council and the general public. He also reported that the Committee discussed sewer connections and whether or not Council may want to offer a loan program to citizens in need. He went on to say that staff is currently working on this issue and will bring it before Council in the near future. The regular meeting adjourned at 8:03 p.m. WORK SESSION 1. Discussion — Commercial Vehicles Mr. Lawrence advised that before staff prepares an ordinance to regulate commercial vehicles, they need to ensure that all the necessary issues are being addressed. Karla Turman, Associate Planner, requested Council's input as to what should or should not be allowed so that an enforceable commercial vehicle code can be implemented that applies to private property as well as to the street. She noted that during their last discussion with staff, it was apparent that Council was concerned with appearance, with the safety aspect and with the character of the Town. She pointed out that Council had expressed a desire for the Town to retain its character as a "working town". Ms. Turman advised that a committee was formed to discuss these issues. She briefly enlightened Council on the Town's current commercial vehicle ordinance. The definition of a pick-up truck was also discussed. Ms. Turman asked for Council's input on signage for commercial vehicles, size of commercial vehicles and specific types of trucks. Ms. Fidler stated that she was concerned with how the the size of vehicles would impact narrow streets. Ms. Turman responded that if safety was an issue, Council might need to consider vehicle size and weight. 5 Following further discussion, Ms. Turman advised that staff needs a definition that would not be left open to interpretation and can be enforced by the Police Department. Mr. Lawrence pointed out that the Town's current commercial vehicle ordinance is legal and enforceable. In response to a question from the Mayor as to what needs to be included in a new ordinance, Ms. Turman asked for direction from Town Council on that issue. She requested Council's direction on how to classify commercial and personal vehicles and if classification should be based on size and weight or on appearance. Mr. Hare questioned whether the Town wanted a general definition or a more broad definition. In response to a question from Mr. Nance on whether Council needs to regulate private vehicles, Council made it plain that they had no interest in regulating private vehicles. Mr. Lawrence questioned whether Council wanted to regulate signage on commercial vehicles and whether or not they wanted to change Code requirements for the number of tires or axels. Mr. Hare responded that he did not have a problem with regulating dual axels but did have a problem going after people with "dualleys". Mr. Nance commented that Council seemed to be looking more at heavier commercial vehicles than at commercial vehicles. He went on to say that they are going to have to set a flat 7,500 lb. weight or get more specific in the commercial truck definition. He stated that he doubted that Council would ever be able to come up with a perfect definition for a commercial vehicle but they needed to make a decision on the issue. Ms. Fidler stated that she would agree with anything under a certain size. Ms. Turman noted that the size would need to be determined in a manner that would not require the vehicle to be measured manually. She added that a police officer should also be able to run the tag number through DMV and determine the vehicle weight. Ms. Fidler requested a copy of Roanoke City's ordinance. Ms. Turman replied that she would make a copy for her. Mr. Nance asked if Council might wish to keep the old code but amend it to define a pick-up body type as one with a pick-up like cab that meets the light-duty truck requirements of the Virginia DMV. Mr. Lawrence felt that the numbers of axles needed to be clarified in the ordinance. Ms. Turman asked if Council wanted to change the section "empty weight of 5,000 pounds" or leave it as it is. It was recommended that the section remain as it is because it would catch most types of vehicles. Council also recommended changing the wording of "2 rear wheels" to "2 rear axles or more". The last change requested was to include the following statement: "This shall not apply to light-duty pick-up type trucks with a gross weight of 7,500 pounds or less". Mr. Lawrence stated that the ordinance needs to written specifically for the Town. He recommended that Council allow staff to go through the weight differentiation between gross weight and empty weight to see how that would change the ordinance and then bring a proposal back to Council for their consideration. 6 Ms. Turman asked for direction regarding parking on private property which is not allowed at the present. Council concluded that if a commercial vehicle is not allowed to park on the street they did not want them parking on private property in a residential area. The work session adjourned at 9.37 p.m. APPROVED: Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk 7 RESOLUTION NO. 1888 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, OCTOBER 5, 2010,AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING,311 SOUTH POLLARD STREET,VINTON,VIRGINIA WHEREAS, the Vinton Police Department strives to maintain quality community relations and Community Oriented Policing through effective community programs,and WHEREAS, the Town Administration has urged the department to seek community grants and other alternate funding, and WHEREAS, the Police Department has received a donation from a private citizen in the amount of six-hundred dollars,and WHEREAS, the Vinton Police Department would like to acknowledge it's appreciation to Shirley Patsel for her continued support of the Vinton Police Department's community programs,and WHEREAS, this donation will be used to supplement the Citizen Police Academy and/or other Police community programs; NOW,THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following: FROM: 200.1899.016 Police Department donation $600.00 TO: 200.3105.316 Police Grants-Community Grants $600.00 The foregoing transfer is to provide funds for the Community Programs project received from grant monies. Motion made by Councilman seconded by Councilman with the following votes recorded: AYES: NAYS: APPROVED: Bradley E.Grose, Mayor ATTEST: Darleen R. Bailey,Town Clerk MUTUAL AID AGREEMENT BETWEEN THE TOWN OF VINTON, VIRGINIA AND THE TOWN OF ROCKY MOUNT, VIRGINIA WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 2000, (Title 44, Chapter 3.2 of the Virginia Code) authorizes the Commonwealth and its political subdivisions to provide emergency aid and assistance in the event of a disaster; and WHEREAS, the governing bodies of the Town of Vinton and the Town of Rocky Mount in the Commonwealth of Virginia believe that sharing their respective personnel and equipment during a time of emergency would increase the welfare and safety of their towns; and THEREFORE, the parties hereby agree that their respective finance departments will render mutual aid to one another in accordance with the following provisions: SECTION 1. DEFINITIONS A. "Agreement" — the mutual aid agreement between the Town of Vinton, Virginia, and the Town of Rocky Mount, Virginia. B. "Assisting Party" — the town furnishing equipment, services and/or manpower to the Requesting Party, pursuant to the terms in this Agreement. C. "Authorized Representative" — the town manager, mayor, treasurer, finance director, emergency management coordinator or other such individual serving as a governing or managing party of the participating governmental unit, or other officer or employee of a member political subdivision authorized in writing by that entity to request, offer, or provide assistance under the terms of this Agreement. D. "Disaster" — (i) any man-made disaster including any condition following an attack by any enemy or foreign nation upon the United States resulting in substantial damage of property or injury to persons in the United States and may be by use of bombs, missiles, shell fire, nuclear, radiological, chemical, or biological means or other weapons or by overt paramilitary actions; terrorism, foreign and domestic; also any industrial, nuclear, or transportation accident, explosion, conflagration, power failure, resources shortage, or other condition such as sabotage, oil spills, and other injurious environmental contaminations that threaten or cause damage to property, human suffering, hardship, or loss of life; or (ii) any natural disaster including any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, drought, fire, communicable disease of public health threat, or other natural catastrophe resulting in damage, hardship, suffering, or possible loss of life. E. "Requesting Party" — the town requesting aid in the event of a disaster, pursuant to the terms and conditions of this Agreement. 1 SECTION 2. PROCEDURES FOR PROVISION OF MUTUAL AID When the Town of Vinton or the Town of Rocky Mount becomes affected by, or is under imminent threat of a disaster and, as a result, has officially declared an emergency, it may request emergency-related mutual aid assistance by: (1) submitting a request for assistance to the other town or (2) orally communicating a request for mutual aid assistance to the other town, followed as soon as practicable by written confirmation of the request. Mutual aid shall not be requested by a town unless resources available within the stricken area are deemed to be inadequate. All requests for mutual aid must be transmitted by the Authorized Representative of the town. Neither town shall be required to provide mutual aid to the other unless it determines it has sufficient resources to do so, and neither town shall be liable to the other town or any third party for not responding to a request for aid. A. REQUESTS DIRECTLY TO ASSISTING PARTY: The Requesting Party may directly contact the Authorized Representative of the Assisting Party. B. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER ASSISTANCE: When contacted by a Requesting Party, the Authorized Representative of the other town agrees to assess local resources to determine available personnel, equipment and other assistance. C. SUPERVISION AND CONTROL: When providing assistance under the terms of this Agreement, the personnel, equipment, and resources of any Assisting Party will be under the operational control of the Requesting Party, which shall advise supervisory personnel of the Assisting Party of work tasks, for assignment to personnel. Direct supervision and control of personnel, equipment and resources shall remain with the designated supervisory personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall: maintain daily personnel time records, material records, and a log of equipment hours; be responsible for the operation and maintenance of the equipment and other resources furnished by the Assisting Party; and shall report work progress to the Requesting Party. 1. The Assisting Party's personnel and other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party. At least twenty-four hour advance notification of intent to withdraw personnel or resources shall be provided to the Requesting Party unless such notice is not practicable, in which case such notice as is reasonable shall be provided. 2. The personnel and equipment of the Assisting Party shall be utilized in the capacity for which they are intended, and they shall not be held in reserve or stand by for a period exceeding twenty-four (24) hours. If said personnel and/or equipment are not needed in the disaster area by the Requesting Party, they shall be returned to the Assisting Party. D. FOOD, HOUSING, AND SELF-SUFFICIENCY: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility of providing food and housing for the personnel of the Assisting Party from the time of their arrival at the designated location to the time of their departure. However, Assisting Party personnel and equipment should be, to the greatest extent possible, self-sufficient while working in the emergency or disaster area. The Requesting Party may specify only self-sufficient personnel and resources in its request for assistance. 2 E. COMMUNICATIONS: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to furnish communications equipment sufficient to maintain communications among their respective operating units. The Requesting Party shall further be responsible for notifying, where necessary, the appropriate state or other applicable governmental agencies, in accordance with all applicable laws and/or policies. F. RIGHTS AND PRIVILEGES: Whenever the officials, employees and volunteers of the Assisting Party are rendering aid pursuant to this Agreement, such persons shall have the powers, duties, rights, privileges, and immunities, and shall receive the compensation, incidental to their employment or position. G. TERM OF DEPLOYMENT: The initial duration of a request for assistance is normally seven days and may be extended, if necessary, in seven day increments. The duration may be shorter or longer as reflected in writing. H. SUMMARY REPORT: Within ten days of the return of all personnel deployed under this Agreement, the Requesting Party will prepare a summary report of the event and provide copies to each Assisting Party. The Report shall include a chronology of events and description of personnel, equipment, and materials provided by one party to the other. SECTION 3. REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any assistance provided pursuant to this Agreement shall be in accordance with the following provisions, unless otherwise agreed upon in writing by the Requesting and Assisting Parties. A. PERSONNEL: During the period of assistance, the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The Requesting Party shall reimburse the Assisting Party for all direct and indirect payroll costs and expenses (including travel expenses, benefits, workers' compensation claims and expenses) incurred during the period of assistance, unless agreed to otherwise by the parties in writing. B. EQUIPMENT: Costs of repairs and maintenance of equipment used or expended while rendering assistance under this Agreement will be borne by the town owning the equipment, if said equipment is operated by employees of the Assisting Party for a period not exceeding 24 hours. If said equipment is operated by personnel from the Requesting Party or is requested for a period of more than 24 hours, then the Requesting Party shall assume the expense of any repairs and/or maintenance required by the said equipment. 1. The Assisting Party shall be reimbursed by the Requesting Party for the use of its equipment according to either a pre-established local or state hourly rate or according to the actual replacement, operation, and maintenance expenses incurred. For those instances in which some costs may be reimbursed by the Federal Emergency Management Agency, the eligible direct costs shall be determined in accordance with 44 CFR 206.228, or other regulations in effect at the time of the disaster. Each Party shall maintain its own equipment in safe and operational condition. At the request of the Assisting Party, fuels, miscellaneous supplies, and minor repairs may be provided by the Requesting Party, if practical. If the equipment charges are based on a pre-established 3 local or state hourly rate, then these charges to the Requesting Party shall be reduced by the total value of the fuels, supplies, and repairs furnished by the Requesting Party and by the amount of any insurance proceeds received by the Assisting Party. 2. If the equipment is required by the Requesting Party for a period exceeding 24 hours, the Requesting Party shall be responsible for returning the requested equipment, in good condition, to the Assisting Party. C. MATERIALS AND SUPPLIES: The Assisting Party shall be reimbursed for all materials and supplies furnished by it and used or damaged during the period of assistance, except for the costs of equipment, fuel, maintenance materials, labor and supplies, which shall be included in the equipment rate established above, unless such damage is caused by gross negligence, or willful and wanton misconduct of the Assisting Party's personnel. The measure of reimbursement shall be determined in accordance with 44 CFR 206.228 or other regulations in effect at the time of the disaster. In the alternative, the Parties may agree that the Requesting Party will replace, with like kind and quality as determined by the Assisting Party, the materials and supplies used or damaged. If such an agreement is made, it shall be reduced to writing. D. RECORD KEEPING: The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party in accordance with existing policies and practices. Requesting Party personnel shall provide information, directions, and assistance for record keeping to Assisting Party personnel. E. PAYMENT: Unless otherwise mutually agreed, the Assisting Party shall bill the Requesting Party for all reimbursable expenses with an itemized statement as soon as practicable after the expenses are incurred, but not later than sixty (60) days following the period of assistance, unless the deadline for identifying damage is extended in accordance with applicable federal or State regulations. The Requesting Party shall pay the bill, or advise of any disputed items, not later than sixty (60) days following receipt of the statement, unless otherwise agreed upon. F. WAIVER OF REIMBURSEMENT: Each town may donate, in whole or in part, the costs associated with any loss, damage, expense or use of personnel, equipment and resources provided. SECTION 4. INSURANCE A. WORKERS' COMPENSATION COVERAGE: Each town shall be responsible for its own actions and the actions of its employees and is responsible for complying with the Virginia Workers' Compensation Act. B. AUTOMOBILE LIABILITY COVERAGE: Each town shall be responsible for its own actions and is responsible for complying with the Virginia motor vehicle financial responsibility laws. The Town of Vinton and the Town of Rocky Mount agree to obtain automobile liability coverage with a limit of at least $1,000,000 combined single limit and coverage for owned, non-owned, and hired vehicles, or maintain a comparable self-insurance program. 4 C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT LIABILITY: To the extent permitted by law and without waiving sovereign immunity, each town shall be responsible for any and all claims, demands, suits, actions, damages, and causes for action related to or arising out of or in any way connected with its own actions, and the actions of its personnel in providing mutual aid assistance pursuant to the terms and conditions of this Agreement. Each town agrees to obtain general liability, public official's liability and law enforcement liability, if applicable, with minimum single limits of no less than one million dollars, or maintain a comparable self-insurance program. SECTION 5. SEVERABILITY AND THE EFFECT ON OTHER AGREEMENTS Should any portion, section, or subsection of this Agreement be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection; and the remaining portions of this Agreement shall remain in full force and effect without regard to the section, portion, or subsection or power invalidated. In the event that any parties to this Agreement have entered into other mutual aid agreements, those parties agree that said agreement will remain in effect unless in conflict with this Agreement in which case they are superseded by this Agreement for the purposes of provision of mutual aid pursuant to Title 44 of the Virginia Code. SECTION 6. TERMINATION OF AGREEMENT Any party to this agreement may, upon thirty (30) days written notice to all parties to this agreement, withdraw from further participation. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] 5 EXECUTION OF AGREEMENT IN WITNESS WHEREOF, the parties to this Agreement through their duly authorized officials, hereby execute this Agreement on the dates set out below, and in doing so certify that each has read, understood, and agreed to the terms and conditions of this Agreement as set forth herein and has the authority to enter into this legally binding contractual agreement. The effective date of this Agreement is the date of the signature and seal last affixed to this page. Town of Vinton, Virginia Signature Date Printed Name and Title Attested by: Clerk/Notary Date Town of Rocky Mount, Virgini i Signature Date Printed Name and Title Attested by• ��1 o�U/U -0t9l k/Notary Date 6 Is ACTION NO.: Reso. 1889 ITEM NO.: D-4 TO: Christopher S. Lawrence, Town Manager FROM: Barry W. Thompson, Treasurer/Finance Director DATE: September 30, 2010 SUBJECT: Revenue Receipts and Appropriations for FY 2010-11 ISSUE/PURPOSE: The following Revenue Receipts have been received and posted in the listed Revenue Accounts since the beginning of the fiscal year. These amounts were not budgeted for in the current budget and need to be appropriated to the Expenditure Accounts so the recording of the expenditure of the money can be accounted for correctly. ACTION REQUESTED: Council to Appropriate the monies from the Revenue Accounts to the Expenditure Accounts. JUSTIFICATION/: The following budget entries needs to be made for the Revenue SUMMARY: and Expenditure Accounts: BUDGET IMPACT: General Fund Revenue Account 200.1613.006 Memorial Hall Income—Thomas Rd Baptist Event $1,661.27 200.1901.001 Recoveries & Rebates—Vinton Chamber of Comm $1,000.00 200.1901.001 Recoveries & Rebates— Scholarship Marc Vaught $1,000.00 200.1901.001 Recoveries & Rebates— State Rem—Greg Chieppa $222.08 200.1901.001 Recoveries & Rebates— Scholarship— Corey Reid $210.77 200.1901.001 Recoveries & Rebates— E Cycle for mobile phones $112.00 Expenditure Account 200,7103.553 War Mem—Materials & Supplies—Thomas Rd Bap Eve $1,661.27 200.7101.307 Special Prog—Advertising—"Your Town" Vinton WSLS $1,000.00 200.3101.560 Police—Travel & Training—Marc Vaught $1,000.00 200.3101.560 Police—Travel & Training— Greg Chieppa $222.08 200.3101.560 Police—Travel & Training—Corey Reid $210.77 200.3101.553 Police—Materials & Supplies $112.00 DATE ACTION NEEDED: October 5, 2010 TOWN MANAGER'S COMMENTS: RESOLUTION NO. 1889 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, OCTOBER 5, 2010 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 Accounts in the General Fund, and WHEREAS, the funds need to be appropriated to the expenditure accounts 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: 200.7103.553 War Mem—Materials & Supplies—Thomas Rd Bap Eve $1,661.27 200.7101.307 Special Prg—Advertising—"Your Town" Vinton WSLS $1,000.00 200.3101.560 Police—Travel & Training—Marc Vaught $1,000.00 200.3101.560 Police—Travel & Training— Greg Chieppa $222.08 200.3101.560 Police—Travel & Training— Corey Reid $210.77 200.3101.553 Police — Materials & Supplies-replace phones $112.00 Total General Fund $4,206.12 The source of these funds is from the following Revenue accounts accounts: General Fund Revenue: 200.1613.006 Memorial Hall Income—Thomas Rd Baptist Event $1,661.27 200.1901.001 Recoveries & Rebates—Vinton Chamber of Comm $1,000.00 200.1901.001 Recoveries & Rebates— Scholarship Marc Vaught $1,000.00 200.1901.001 Recoveries & Rebates— State Rem—Greg Chieppa $222.08 200.1901.001 Recoveries & Rebates— Scholarship— Corey Reid $210.77 200.1901.001 Recoveries & Rebates— E Cycle for mobile phones $112.00 Total General Fund $4,206.12 Motion made by , and seconded by , with the following votes recorded: AYES: NAYS: 1 APPROVED: Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk 2 ACTION NO: ITEM NO: TO: TOWN MANAGER'S OFFICE FROM: Karla Turman, Associate Planner DATE: September 30, 2010 SUBJECT: Hardy Road Rezoning Request ISSUE/PURPOSE: On September 9,2010,the Planning Commission held a work session and public hearing regarding the following petition: 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, 061.17-03-13, and 061.17-03-14.1 from RB Residential Business District to GB General Business District. The purpose of the rezoning is to allow for commercial development. After receiving public comments, a motion was made to recommend to Town Council that the rezoning application be approved. On a vote of 2-2,the motion failed to pass. The fifth Planning Commissioner was not present for the work session or public hearing. BACKGROUND INFORMATION: On July 28,2010, staff received an application for rezoning from Juanita Setzer,petitioner, and the owner of 1037 Hardy Road. The application included 1015, 1021, 1027 and 1037 Hardy Road. It was later amended to include 1045 Hardy Road. The petifioner is acting on behalf of all of the property owners. The petitioner requests that the five properties be rezoned from RB Residential Business district to GB General Business district. The application indicates that the proposed land use is retail, and that a new building is to be constructed. When accepting the application,staff recommended to the petitioner that she consider holding a public meeting,consider having a traffic study done on the intersection,and also consider submitting proffers with the application. Ann Pope—the realtor that is representing the property owners—felt that a traffic study was not warranted, as there is no particular project that the rezoning would help to facilitate. Staff told her that it was a recommendation based on both the Planning Commission and Town Council requesting that one be done in November, 2007 by a previous petitioner that requested a rezoning of four of these five tracts of land. On August 11, Ms. Pope told staff that the petitioner would not be holding a public meeting. Ms.Pope said that she had spoken with an engineer regarding a traffic study, but did not feel it would be done prior this public hearing. Staff asked the petitioner if there was a buyer that would be interested in purchasing the parcels should they be rezoned. She said there was not. That being said,should the properties be rezoned,there is the potential of five separate commercial projects being developed. 1 The petitioner has submitted the following proffers: Proffers for Tax Parcels Nos.: 061.17-03-10.00 061.17-03-11.00 061.17-03-12.00 061.17-03-13.00 061.17-03-14.01 1. The following GB uses shall NOT be permitted on the property(s): • Adult day care centers • Outpatient mental health centers • Auto and truck sales and service establishments • Outpatient substance abuse centers • Flea markets • Veterinary clinics and animal hospitals • Halfway house 2. A traffic impact study will be done for each new commercial project if the Town of Vinton requires it. 3. A 35' buffer and landscaping to block the view and sound will be added to the tax parcels currently identified as: a. TM#61.17-3-10 (1015 Hardy Road), b. TM# 61.17-3-11 (1021 Hardy Road), c. TM#61.17-3-12 (1027 Hardy Road) d. TM# 61.17-3-14.01 (1045 Hardy Road) COMPREHENSIVE PLAN/FUTURE LAND USE: The 2004—2024 Town Comprehensive Plan designates these properties and the two properties to the west,which are developed with a bank and single-family structures, as retail/service commercial land use area. The proposed rezoning of the five tracts of land from RB District to GB District is consistent with the future land use designated in the Comprehensive Plan. PLANNING AND ZONING: The general purpose of zoning is to promote the health, safety, and general welfare of the public. There are other permissible considerations for zoning action, such as to provide for adequate light,air,convenience of access and safety from fire,flood,crime, and other dangers; to reduce or prevent congestion in the public streets; and to facilitate the creation of a convenient, attractive, and harmonious community. In conjunction with an application for rezoning of property,the petitioner mayvoluntarily proffer reasonable conditions in addition to the regulations specified for the zoning district and a locality may not accept proffered conditions once public hearing has begun. The Planning Commission and the Town Council shall not be obligated to accept any or all proffered conditions. 2 Any proposed use on the five tracts of land will require:a minimum of fifteen(15)feet buffer be provided to the west and east of the property because the properties to the west and east are zoned RB District. A minimum of twenty-five(25) feet buffer will be required to the south of four of the five tracts (1015, 1021, 1027, and 1037) of land because the properties are zoned R-1 Residential District. PUBLIC WORKS: The rezoning application does not identify any specific plan for new development, so the comments that follow pertain to the physical characteristics of the site that should be considered in any new development review. The comments below may be of more or less significance, depending upon the scope and type of new development. Traffic Volume Impact Traffic volume on Hardy Road,2009 VDOT data,is 11,000 vehicles per day(Average Annual Daily Traffic,AADT)and 12,000 vehicles per day(Average Annual Weekday Traffic,AAWDT). Traffic on Route 24(Hardy Road) at the Bypass Road intersection is 23,000 vehicles per day(AADT) and 24,000 vehicles per day(AAWDT). Bypass Road traffic is 15,000 vehicles per day(AADT) and 16,000 vehicles per day(AAWDT). Traffic volumes on these streets are increasing about 2%per year. These are significant traffic volumes and the resultant increase from any new development would need to be carefully considered. Trip Generation Trip forecasting can be made using the Institute of Transportation Engineers Trip Generation Manual.This is a nationally recognized and accepted resource for estimating trips generated by new development. However,since no specific plan for new development is known at this time,a specific forecast cannot be made. Using the manual for the existing five single family dwelling units,it can be estimated that each unit will generate about 6 trips per day for a total of 30 trips. New development, depending upon business type, could generate several hundred trips per day to more than a thousand. Deceleration Lane If a deceleration lane is required or proposed for any new development,safety would be a concern for traffic traveling east on Hardy Road.Vehicles traveling eastbound may mistake this deceleration lane for a travel lane, quickly change to the lane, and then attempt to change back upon realizing this is intended as a right turn lane. Appropriate pavement markings and warning signs should alleviate this safety concern. Traffic Conflicts Potential for conflict could be high depending on the type of new development and traffic volume generated. The degree and severity of conflict would directly relate to the number and location of exits and entrances at the proposed new development; and the permitted turning movements from those exits and entrances. The Nelson Street intersection, the east and west bound turning 3 movements entering/exiting the CVS store, vehicles crossing Hardy Road, and the nearby South Preston Street intersection are all significant factors that must be considered in traffic conflict evaluation. Water and Wastewater Water and Wastewater capacity in the general area should be adequate to meet the domestic demand and loading for the new development. However,an absolute determination cannot be made until the type of any new development is known. Fire protection requirements cannot be addressed until the type of development is known. PUBLIC COMMENTS: The following individuals either spoke at the public hearing and/or submitted written comments regarding the rezoning application. A draft copy of the minutes from the Planning Commission public hearing, as well as a copy of all written comments is included with this report. In favor of the rezoning request: Tommy Woods,Woods automotive family: Charles McCarty, Grand Rental Mini-Warehouses Dr. David Black Mike Spessard, Oakey's Funeral Service Leon T. McGhee Opposes the rezoning request: Mary Beth Layman, 1028 Almond Drive: Janet Scheid, 1453 Wolf Creek Drive Tommy Overstreet, 1016 Almond Drive Nancy McGuire: 1056 Broadhill Drive, expressed concern regarding the noise from trucks that may load and unload during the night. Section 34-26(3) of the Vinton Town Code states that "Loading or unloading trucks in the outdoors within 100 yards of a residence between the hours of 9:00 p.m. and 7:00 a.m. the following day". As any development that may occur on these properties would most likely be within 100 yards of a residential property, the loading and unloading of trucks during those hours would not be allowed. The police department enforces this code section. DATE ACTION NEEDED: November 2, 2010. 4 09/16/2010 19:07 FAX LONG & FOSTER SOUTH 0 002/002 TAX PARCEL NM: 1.k7 061.17 13.00 061.17- 14.1 1,Rachel L Setmer,appUmat for nmeming prepardy me 103/ Kwdy Road,Vhftn, Vi the 101S" d,1021 Hardy Read, 1027 Hardy-Itoad and 1045 proffer that the Mowing GB uses AM not be permitted on dw pica adult dad cam centers -voter marketsfigs beffway outpatient mental outpatkat,substance Ammded to 1. study wm.,be dome for emb projed if e Town of VlAten 2.A IP bufler and gandmempbg to b d wffl be added to 1437 Hardy Road,1015 1 Hardy RoW and 1027 Hardy Road Q Date V Cbwrbm Watson Thm T ;0:nl i ,� 9 -9 1 - 1 C S TO�, ...� F VINTON 311 S.POLLARD STREET a� VINTON,VIRGINIA 24179 1884 PHONE(540)983-0605 Karla D.Turman FAX(540)983-0621 Associate Planner/Enforcement Officer PUBLIC HEARING CHANGE OF DATE NOTICE September 29, 2010 Ms, Rachel Juanita Setzer 1894 Mountain View Road Vinton,VA 24179 Dear Ms. Setzer: Due to insufficient public notice given in the newspaper, the public hearing scheduled to be heard by Town Council on Tuesday, October 5, 2010, has been postponed until Tuesday, November 2, 2010, at 7:00 p.m. The public hearing will be held in the Council Chambers of the Vinton Municipal Building, 311 S. 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, 061.17-03-13, and 061.17-03-14.1 from RB Residential Business District to GB General Business District. The purpose of the rezoning is to allow for commercial development. Town Council will hear public comments at the meeting to be held on Tuesday, October 5, 2010 at 7:00 p.m. The public is encouraged to participate in the public meeting. Should you have any questions,please call me at 540-983-0605. Sincerely, ,( Karla Tunnan Associate Planner cc: Chris Lawrence,Town Manager Charles Watson,Property Owner, 1015 Hardy Road Virginia Smith, Property Owner, 1021 Hardy Road Geraldine Miller, Property Owner, 1027 Hardy Road Tiana Tran, Property Owner, 1045 Hardy Road TOA, tt F i ° VINTON z TO o $ 311 S.POLLARD STREET VINTON,VIRGINIA 24179 ' rasa ' PHONE(540)983-0605 Karla D.Turman FAX(540)983-0621 Associate Planner/Enforcement Officer September 29,2010 PUBLIC HEARING CHANGE OF DATE NOTICE Dear Property Owner: Due to insufficient public notice given in the newspaper, the public hearing scheduled to be heard by Town Council on Tuesday, October 5, 2010, has been postponed until Tuesday, November 2, 2010, at 7:00 p.m. The public hearing will be held in the Council Chambers of the Vinton Municipal Building, 311 S. 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, 061.17-03-13, and 061.17-03-14.1 from RB Residential Business District to GB General Business District. The purpose of the rezoning is to allow for commercial development. Town Council will hear public comments at the meeting to be held on Tuesday, October 5, 2010 at 7:00 p.m. The public is encouraged to participate in the public meeting. Further information concerning the 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 hearing. Given under my hand this 29`"day of September 2010. Sincerely, Karla Turman Associate Planner cc: 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) 983-0601 at least 48 hours prior to the meeting so that proper arrangements may be made. MINUTES OF THE MEETING OF THE TOWN OF VINTON PLANNING COMMISSION HELD ON THURSDAY SEPTEMBER 9,2010,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 Elizabeth Dillon,Town Attorney COUNCIL PRESENT: Robert Altice,Vinton Town Council Matt Hare,Vinton Town Council OTHERS PRESENT: Anita Setzer,Petitioner Tiana L.Tran, Petitioner Gerry Miller,Petitioner Sean Horne,Balzer and Associates,Roanoke,VA Ann Pope,Long and Foster,Roanoke VA Richard and Debra Brogan,Vinton,VA Ray Allen,Vinton,VA Charles McCarty,Moneta,VA Keith and Shane Setzer,Vinton,VA Mary Beth Layman,Vinton,VA Janet Scheid,Vinton,VA Tommy Wood,Vinton,VA Wayne and Nancy McGuire,Vinton,VA Sandra Jacobs,Vinton,VA Anthony Conner,Vinton,VA Galen Conner,Vinton,VA Dean Bushnell,Vinton,VA Tommy Overstreet,Vinton,VA Bob Lewis,Vinton,VA Dan Hudson,Roanoke,VA AGENDA I. Call to Order II. Approval of Minutes: 1. Public Hearing,April 27, 2010 2. Public Hearing, July 27,2010 III. Approval of Planning Commission Bylaws IV. Public Hearing Petition: 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 number's PLANNING COMMISSION PUBLIC HEARING SEPTEMBER 9,2010 PAGE 2 061.17-03-10, 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. V. Other Business VI. Adjournment The meeting of the Vinton Planning Commission was called to order at 7 p.m. 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 the meetings held on April 27, 2010, and July 27, 2010. Mr. Patterson made a motion to approve both sets of minutes as submitted, and Mr. Booth seconded the motion. A roll call vote was taken, and all four members in attendance voted in favor of the motion. The second item on the agenda was the approval of the Planning Commission Bylaws. Ms. McMillan stated that Ms. Turman had worked on the revisions to the bylaws. She also said they realize there are two new members on the commission and are willing to give them more time to review the bylaws if needed. She mentioned that the bylaws were last updated in 2004. Both new members, Mr. Booth and Mr. Mason, stated that they have no problem with the bylaws as given to them in their packets for review. A motion to approve the bylaws as written was made by Mr. Booth and seconded by Mr. Patterson. A roll call vote was taken and all four members in attendance voted in favor of the motion. The next item was a rezoning request for five properties along Hardy Road. Chairman Jones stated that speakers will be limited to five minutes to speak and should have signed the attendance sheet in advance. He then introduced the request: The petition is from 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. Ms. McMillan asked Ms. Turman to present her staff report. Ms. Turman read the report for the benefit of those in attendance. A copy of the complete report will be made a part of the permanent record. One portion of the Ms. Turman's report regarding proffers was amended—proffers can be accepted up to the Town Council public hearing on the request. Chairman Jones then asked Ms. Tucei to call the first name on the sign in sheet. Ms. Pope was called. She stated that she is representing the sellers of the properties. She said they had an engineer do a traffic summary of the area. Ms. Pope stated that she has a possible buyer for the properties, but they will not commit to the purchase until it is rezoned. She also said the potential buyer was leery because they felt Vinton does not welcome new businesses in Town. She then asked Sean Home of Balzer and Associates to present the traffic summary he performed. Mr. Horne stated that certain things cannot be determined without knowing specifically what would occupy the property. He based the summary on generic retail type uses and found that right and left turn lanes would be needed. The next speaker called was Ms. Brogan. She said she would like to see Vinton grow, and there is a need to think about rezoning so the properties can be used again. She said she felt that care should be taken with how the property is developed and who will be allowed to occupy the area. Mr. McCarty was the next speaker. He stated that he started in business in Vinton in I9S6--he sa;d he Ehtnks PLANNING COMMISSION M M01 LA PUBLIC HEARING SEPTEMBER 9,2010 PAGE 3 he is the oldest active business owner in Town. He mentioned the fact that Hardy Road has five lanes whereas Interstate 81 only has four lanes. Mr. McCarty said that he feels that Vinton is very anti- business. He stated that the area's businessmen think that Vinton has a bad business atmosphere. Mr. McCarty mentioned that developers are currently building a new Walgreen's in Rocky Mount. Mr. McCarty stated that he had never seen Vinton as bad as it is now. He listed the properties that he currently owns in Town. Ms. Setzer, the petitioner, was the next person to speak. She greeted the Commissioners and also thanked Ms. Turman for all her help on the request. She stated that she is a long-time Town resident, and she mentioned that she is a retired Roanoke County School teacher. Ms. Setzer spoke about the lights that used to shine in her windows from W. E. Cundiff Elementary School after it was built. She said she was not mad about the lights and that she just bought blinds to block the light. Ms. Setzer would like to rezone 1037 Hardy Road from RB Residential Business to GB General Business. She mentioned that her property has been for sale since 1992. She stated that the other four property owners have joined her in asking that their properties also be rezoned. She feels that RB zoning may have been correct at one time, but now it is outdated. Ms. Setzer said now is the time for change, and she feels we need to move on to bigger and better things for Vinton. She said the current zoning does not reflect the conditions that now exist. Ms. Setzer stated that two of the five properties are for rent and vacant at this time. She said her property would be vacant, too, if she had not lowered the rent on it. She said the last tenant she had there was evicted from her property by a judge and left a $3000 debt that has not yet been paid to her. She reminded the commission that just three years ago a multi-million dollar business tried to rezone these properties,but their request was denied. She feels that it was a big loss for Vinton. She said that as she looks around she does not see any multi-million dollar businesses that have located in Vinton within the last three years. Ms. Setzer said that she believes Vinton is in a growth slump. She asked that the Commission not let another golden opportunity fall by the wayside as the Town did three years ago. Mary Beth Layman, of 1028 Almond Drive, was the next to address the Commissioners. She said her property is adjacent to the properties along Hardy Road. She stated that she is concerned that it is five separate parcels up for rezoning, rather than one large parcel, and is also concerned with the traffic situations that five separate businesses could cause. Ms. Layman stated that the existing bike lane already causes people to have to slow way down before turning into Dillon Woods to allow the bikers to pass. She said she would like to know how the traffic concerns will be addressed for the five separate properties. Ms. Layman mentioned that there are many vacant buildings in Town in suitable business areas that could be marketed for new businesses. She would like to know what the exact proposal is for the properties Ms. Layman stated that she prefers RB zoning and then read aloud a few of the allowable uses in R.B. She said that, in her opinion, RB is most appropriate zoning. However, if keeping the properties as RB zoning is not a possibility, she said there should be a limited business district that would limit size of buildings and development. Ms. Layman stated that the properties are directly adjacent to a strong neighborhood area. She said sense of community is important to Vinton, and the neighborhoods should be considered during development. The next person to address the Commissioners was Janet Scheid. She said she travels Hardy Road daily and also uses the bike lane and sidewalks frequently. She stated that she has an issue with there being no specific proposal for this property as they had three years ago. She said there were concerns with the traffic situation that could be caused by the development that was proposed years ago, and now there is not even a specific proposal to review. She wanted to know who would pay for the turning lanes that Mr. Home's summary recommended. She said once the rezoning is granted, the Town will lose control over what can go there and how it will look. She mentioned that she knew that H zoning was not perket; however, She PLANNING COMMISSION PUBLIC HEARING SEPTEMBER 9,2010 PAGE 4 mentioned that it does have a business component to it. Tommy Wood spoke next. He stated that these property owners on Hardy Road are in the same situation as he is with some of his properties on Washington Avenue. He said his properties will have to be torn down due to the change of use rules and regulations. He said there are not only Town regulations, but also state and federal regulations involved. He stated the requirements make it impossible for owners to take an older building and update it for a new business. He speculated that it would cost Ms. Setzer a million dollars to convert her house to a business use. He mentioned Mr. Vinyard's empty car dealership in downtown Vinton and speculated that the change of use process is why it is still empty. Ile said it would be easier to tear it down and build a new structure. Mr. Wood would like to find a way to rezone the properties to GB and also ensure that traffic studies are paid for by the developer,not the taxpayers. He said the businesses in Town need more traffic, and that growth must happen in the Town in order to keep from raising taxes on those who are already here. He feels that something could be worked out between the Town and the property owners to get the zoning correct for these properties because they all want businesses to come to Town. Mr. Overstreet was the next person called upon to speak before the Commission. He said that if you have a business that comes within 15 feet of your back yard, it would make a difference to you. He mentioned that, if they plan to use the five existing houses for new businesses rather than building new structures, it might be different. The next to speak was Mr. Setzer who first said that, if they do not like development, perhaps they should consider moving out into the country. He felt that several speakers who addressed the Commission are making a"mountain out of a molehill". He stated that the last time a rezoning had been requested, Walgreens had a site plan showing the exact layout and had also provided additional buffer for the residential properties to the rear. He mentioned that he believes VDOT would handle the safety and traffic control issues. Ms. Pope added that any project that is brought in would require a traffic study, and the developers of the project would be responsible to pay for it. She also mentioned that previously, with the proposed Walgreen's project, they had proffered a buffer zone of 50 feet. She said they want the residents to be happy with whatever is done with the properties. Mr. Setzer also added that the developer paid for all the studies and plans the last time the rezoning was requested. He said the developer would take care of any studies that would be needed for future projects on the sites. Ms. McMillan mentioned that the properties are currently zoned RB, which does not allow retail unless it is incidental to the primary use. She also mentioned the change of use is required by county, state, and federal regulations. She said ADA amenities and fire protection measures are required for all new projects,and are required to change a residential use to a commercial use. She reminded everyone that the current rezoning request is for 5 separate parcels, and the minimum buffer required is 25 feet. She mentioned that, if the properties are rezoned, businesses that operate 24 hours a day could locate there, and the Town should consider-the residences to the rear. She stated that once the properties are rezoned, developers cannot be held to anything other than what the current zoning ordinance allows. Ms. McMillan said the only proffers given by the applicants are certain uses that will not be allowed on the properties. Ms.McMillan asked if all the property owners are in attendance. Ms. Pope said that not all were at the meeting. The Town Attorney, Ms. Dillon, stated that they would not be able to submit new proffers since not all of the property owners were in attendance. However, she said they could submit additional proffers prior to the Town Council meeting. Mr. McGuire asked if the proposed buyer would be buying all 5 of the properties.Ms.Pope said she is not able to breach the confidentiality agreement at this time, but she did say that one buyer is interested in four of the lots. Mr. Overstreet stated nothing has changed. Mr. Mason asked about the timeline for the project. Ms. Pope said that she felt development would be very soon after the property was sold. Ms. Pope stated that they would be willing to proffer a buffer area of 3S feet on the Four larger PLANNING COMMISSION 'a.`_.1 rA M IT V PUBLIC HEARING SEPTEMBER 9,2010 PAGE 5 properties. Ms. Layman asked if there are any limitations in the ordinance on the hours of operation for a business. Ms. McMillan said they cannot regulate the hours of operation unless they are proffered during the rezoning. Ms. Setzer mentioned that, even in the RB District, a business could operate 24 hours per day. Chairman Jones asked what the Commission's options are, other than to vote yes or no on the rezoning. Ms. Dillon stated they have to decide whether or not they have the information they need to make a decision on it. Chairman Jones asked again about their options. Ms. Dillon said they have to make a decision one way or the other based on the information they have been given. Chainnan Jones asked if they can continue it. Ms. Dillon said there does not seem to be any additional information forthcoming. Ms. McGuire asked if one large business that operates 24 hours per day builds on the properties, would they have tractor trailers unloading merchandise during the night while residents are trying to sleep. She stated that they need to consider that. Ms. Dillon mentioned that they could consider a continuation due to more proffers that may be offered and because not all property owners are in attendance for the meeting. Chairman Jones asked for further questions from the Commissioners. Mr. Booth said he had no comments to make at that time. Neither Mr. Mason nor Mr. Patterson had any further questions or comments. Chairman Jones had written comments from several other people who were not able to attend the meeting and who expressed that they are for the request. He said Dr. Black, Mr. Spessard, and Mr. McGhee were for the request. Mr. Overstreet said he was also representing the Hartsels, who are against the request. Chairman Jones made a motion'to close public hearing. Ms. Turman asked for clarification on the noise ordinance in regard to this case, which Ms. McMillan gave her. Ms. McMillan also mentioned that the police department is in the process of revising the noise ordinance. A motion was then made by Mr. Booth to recommend the rezoning of the properties from RB to GB. The motion was seconded by Mr. Patterson. A roll call vote was taken and Mr. Booth and Mr. Patterson voted in favor of the motion. Chairman Jones and Mr. Mason voted against the motion. Ms. McMillan stated that the tie vote is a recommendation to Town Council to deny the rezoning. She stated that the Council will hear the request on October 5th. .Chairman Jones asked for each Commissioner to state why he voted for or against the motion. Mr. Booth said that the Comprehensive Plan and Future Land Use Map show the lots as General Business. He feels that these properties should be General Business. He said it is not a matter of if it will happen,but when it will. Mr. Booth said he does not see how this can be turned down—Vinton needs the business. He said he does not think traffic flow is a concern. Mr. Patterson said this is progress and feels the Town needs to go with it. He said the proposed 35 feet proffer would help the residents. Chairman Jones said he is not opposed to Vinton moving ahead. He said he did not know at this time what business would come there, and they would not have the proper controls over the development. He said this needs to be done right. Chairman Jones felt that a yes vote today would be wrong. Mr. Mason said he heard several times that Vinton needs to grow. He said he did not have all the information he needed to make the best decision for his community and that is why he voted no. Chairman Jones said their recommendation to Council is to deny the rezoning. He stated that Council could overrule them if they wish to approve the rezoning. In other business, Ms. McMillan said they need to try to have a work session in late September or early October about the Downtown Revitalization Plan. She mentioned that the Town Comprehensive Plan may need to be amended by adopting the Downtown Revitalization Plan to give the Town a better chance at obtaining Community Development Block Grant (CDBG) funding. Ms. McMillan also updated the commission on the status of Vinton Corridors Plan. She stated that the final plan is forthcoming and asked them to let her know whether they wanted paper copies or CD copies. Upcoming meeting dayg PLANNING COMMISSION @ -Pru PUBLIC HEARING SEPTEMBER 9,2010 PAGE 6 were discussed. Mr. Mason mentioned that his preference for meeting days would be Mondays, Tuesdays, or Thursdays. Mr. Booth said his preference for meetings is Thursdays. Ms. McMillan mentioned that the Commission will need to start looking at the zoning ordinance as a whole for revisions, instead of just piecemeal as in the past. The zoning ordinance has not been updated fully since 1995. Mr. Booth asked about the recommendation on the rezoning for the properties on Hardy Road that will go to Town Council. He wanted to know if Council will know that there were two votes for and two against. Ms. McMillan said they will outline the votes when reporting to Council and let them know that it was a tie vote. Chairman Jones reminded the Commission members that they must have good attendance for all of their meetings. He lamented that, if all members had been able to attend this meeting,there would not have been a tie vote tonight on the rezoning. There was no further business. Mr. Patterson made a motion to adjourn the meeting, and Mr. Mason seconded it. Therefore,the meeting was adjourned at 8:35 p.m. Respectfully Submitted, Anita McMillan Planning Commission Secretary 9/30/2010)Karla Turman rezoning of Hardy Road lots Page 1 From: "Ginger McGhee" <gmcghee@cox.net> To: <kturman@vintonva.gov> CC: <amcmillan@vintonva.gov> Date: 9/29/2010 12:08 PM Subject: rezoning of Hardy Road lots Dear Ms. Turman and Ms. McMillan: Regarding the rezoning of 1037,1015,1021,1027 and 1045 Hardy Road; I believe this property definitely should be rezoned. At this time, much of this property is low income rental property. In the past there have been problems with junk items in the front yard, and police have been to the property. I believe a quality commercial business at this site would be preferable. I also think some quality commercial business could bring some much needed quality jobs to the town of Vinton. I hope the town concil will vote in fovor of rezoning this property. Sincerely, Leon T. McGhee (9I2I2010)Anita McMillan Anita Setzer From: David Black<dblack@blueridgedentaigroup.com> To: "amcmillan@vintonva.gov"<amcmillan@vintonva.gov> Date: 9/2/2010 3:49 PM Subject: Anita Selzer Anita, Anita Setzer asked me to comment on the zoning change she is requesting for her Hardy Road property. I was disappointed that the change was rejected when Walgreen's wanted to build there. I thought the argument I heard about increased traffic was pretty weak. Don't we want growth?I hope the commission will look favorably to let her have commercial zoning. With a drug store,two churches,a small commercial strip mall and a school already there,I don't see how it could be a bad thing to develop this area where no one wants to buy a home because it is too busy already. in addition to that,my mother-in-law,who lives at 505 Dillon Drive,has trouble crossing the road to go to CVS and would very much like to have a drug/convenience store where she can get simple staples like milk and bread on her side of the road. She also was disappointed the the denial of the Walgreen's development. Thank you for considering my point of view. David E.Black ........... (9/7/2010)Karla Turman Fwd Rezoning Request Page 1 From: Anita McMillan To: Chris Lawrence; Consuella Caudill; Julie Tucei; Karla Turman Date: 9/7/2010 3:34 PM Subject: Fwd: Rezoning Request fyi >>> "Mike Spessard" <MSpessard(&oa keys.corn> 9/7/2010 1:56 PM >>> With regards to the re-zoning petition to the Town of Vinton, relative to properties at 1015, 1021, 1027 and 1045 Hardy Road,to be rezoned from RB to GB,John M.Oakey,Inc.,d/b/a Oakey's Funeral Service& Crematory does not object to this request. Michael M. Spessard Vice President L. T. a REALTOR® P.O. BOX 667, 1211 HARDY ROAD, VINTON,VA 24179, PH 343-5718 "One of the Most Successful Real Estate Companies" WE BUY HOUSES August 25, 2010 Town of Vinton Planning &Zoning Department 311 S. Pollard St. Vinton,VA 24179 RE: Rezoning of Hardy Rd. lots Dear Ms. McMillan: I will be unable to attend the meetings concerning the petition by Rachel Juanita Setzer, et al to rezone lots on Hardy Road. I would,however, like to express my feelings concerning the rezoning. I was very disappointed when Vinton voted not to allow Walgreens at this same site. Walgreens is a quality commercial business and would have brought good jobs to Vinton. I believe it is important for Vinton to move forward with allowing more quality businesses in the town. if Vinton constantly makes it difficLAt for these businesses to come to town, the town will stagnate and eventually begin losing its young people to other areas with quality jobs to offer. I hope Vinton will consider this in any future rezoning efforts. Sincerely, Leon T. McGhee Cc: Chris-Lawrence, Town Manager Vinton Town Cowul 09/02/2010 20:58 5407728050 BALZER ROANOKE PAGE 02/03 AND ASSOCIATES INC i . Rr LCc-nNC TDMORRow September 2, 2010 Long &Foster Realtors Roanoke South.Office 3906 Electric Road, SW Roanoke, VA 24018 Attn:Ann Pope RE; Roanoke County Tax Parcels: 061.17-03-10-00, 061.17-03-11.00, 061.17-0342-00, 061.17-03-13.00, and 061.17-03-14.01 B &A Job Number: R1000090.00 Dear Ms. Pope: The purpose of this letter is to help you consider some of the potential traffic impacts of a rezoning for this property to GB, General Business District. The above referenced tax parcels are located on Hardy Road (Route 634) in the County of Roanoke and consist of approximately 4.8 acres. This property is further located within the Town of Vinton and is currently zoned R-B, Residential- Business District, Using 2009 VDOT Traffic Count data, it is estimated that the background traffic on this section of Route 634 is 10,000 AADT (annual average daily traffic). The intersection of Route 634 and Route 24 lies directly to the west of the subject property. The closest roadway to the east is Dillon Drive. Nelson Street and South Preston Street are located across from the subject property and both have access on Route 634. Considering the size and topography of the property, it is likely that multiple uses could be developed. Two potential uses for the property were analyzed for the purposes of this evaluation: a. 15,000 s.f pharmacy/drugstore with drive-through window and a.4,000 s.f. fast-food restaurant with drive-through window. These were chosen because they represent some of the higher traffic- generating uses that would be permitted in the General Business District. Trip generation calculations were performed for each use using the Institute of Transportation Engineers (ITE) Trip Generation Manual, 7th.Edition. Based on the ITE Manual, a 15,000 s.f pharmacy/drugstore with drive-through window (ITE 881) is estimated to generate 1,322 trips per weekday, 118 trips in the AM peak hour., and 143 trips in the PM peak hour. Likewise, a 4,000 s.f fast-food restaurant with drive-through window (ITE 934) is estimated to generate 1,984 trips per weekday, 219 trips in the AM peak hour, and 187 trips in the PM peak hour. The commercial development described above would likely require several roadway improvements to provide access to the site. Due to the proximity to the existing intersection. of Route 24 and 013/02/2010 20:58 5407728050 BALZER ROANOKE PAGE 03/03 September 2,2010 Page 2 of 2 Route 634, it would be ideal to locate a proposed entrance at the east end of the property. Grading of the existing bank along Hardy Road may be required, but it appears that adequate sight distance would be available at this location. Based on the existing traffic on Hardy Road and the site- generated traffic described above, it is unlikely that a traffic signal would be required. Potential turn lane .requirements were evaluated using the VDOT .Woad Design Manual. Based on the potential trip generation and the existing traffic on.Hardy Road, it is anticipated that the commercial development described above would require a 200' full-width right turn, lane and 200' taper to be constructed along Hardy Road. It is also anticipated that a 200' left turn lane into the site would be warranted. Due to the location of the existing left turn lane onto South Preston Road and the location of the existing left twin lane onto Nelson Street, the developer would need to work with the Town.of Vinton to determine a final configuration for the entrance and left turn lane into the site. The VDOT Traffic Impact Analysis Regulations (24 VAC 30455) require a traffic impact analysis (TIA) to accompany any rezoning proposal for a commercial project"within a jurisdiction in which VDOT does not have maintenance responsibility for the local highway system, if the proposal generates more than 250 vehicle trips per peak hour of the generator or 2,500 vehicle trips per day and whose nearest property line is within 3,000 feet, measured along public roads or streets, of a connection to a state-controlled highway." This section of Hardy Road is currently maintained by the Town. of Vinton and the subject property appears to be greater than 3,000 feet from the nearest state-maintained roadway. Therefore, it appears that any traffic study requirements would ultimately come from the Town of Vinton. Based on the above potential trip generation and the location of the property, the Town of Vinton may require that a traffic impact analysis be performed to accompany any future development and/or rezoning plans, This evaluation is not a traffic study and is not intended to imply that we have performed a traffic study on.this property. The information contained in this evaluation is based on information that is readily available and includes several assumptions about existing and proposed traffic patterns. The evaluation is provided solely as an aid to help determine some of the possible traffic impacts of a rezoning .for the above property. A complete traffic study may be required during the design phase of the development to determine what the actual traffic improvements will be. The actual traffic impacts and required infrastructure improvements will depend on,the actual development plan that is proposed, the specific uses that are proposed, the sizes of those uses, interpretations by the reviewing localities, and many other factors. We hope that you find the information contained in. this preliminary evaluation helpful in determining the traffic impacts of rezoning this property to GB. please feel free to contact us at (540) 772-9580 if you have any questions or if you need any additional information. Sincerely, Balzer and Associates, Inc. Christopher P. Burns, BIT Project Manager