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HomeMy WebLinkAbout2/16/2010 - Regular T Bradley E, Grose, Mayor 0 Vinton Municipal Building Robert R. Altice, Councilmember 311 South Pollard Street Carolyn D. Fidler, Councilmember Z Vinton,VA 24179 Matthew S. Hare, Councilmember (540) 983-0607 William "Wes" Nance, Councilmember 1884 Vinton Town Council Regular Meeting Tuesday, February 16, 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 1. Approval of Vinton Volunteer Fire Department Officers E. AWARDS, RECOGNITIONS, PRESENTATIONS I Officers of the Month: a. Detective Monica McCullough for the Month of December K Sergeant Anna Wooten for the Month of January 2. Dispatcher of the Quarter—Wayne Guffey F. CITIZENS' COMMENTS AND PETITIONS G. PUBLIC HEARING 1. Petition of William Walker for a Request to Rezone Property Located at 602 3d Street, Tax Map Number 60.15-5-1, from RB Residential Business to GB General Business— Ordinance No.894 2. Petition of Jeanie Harper for a Special Use Permit(SUP)to Operate a Family Day Care Home, Located at 119 Franklin Avenue, Tax Map Number 60.19-5- 10 — Ordinance No, 895 1 Petition of Evette Bennett for a Special Use Permit(SUP)to Operate a Family Day Care Home, located at 303 Ashley Court,Tax Map Number 61.13-1-33.03 —Ordinance No. 896 4. Proposed Amendment to the Town of Vinton Comprehensive Plan to Incorporate the Vinton Area Corridors Plan —Ordinance No. 897 H. TOWN ATTORNEY 1. TOWN MANAGER 1. Special Events Policy Includes: Purpose of Policy, Classes and Location of Special Events; Application Process and Fees; Risk Management; and Alcoholic Beverages at Special Events 2. Report-Vinton/Roanoke County Health Department Lease Renewal J. MAYOR K. COUNCIL L. ADJOURNMENT NEXT TOWN COUNCIL MEETING: Budget Work Session on February 23, 201 Oat 6:00 p.m. Regularly Scheduled Meeting of March 2, 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, 2 - --� Vinton Volunteer Fire Department P.O BOX 426 ! VINTON, VA. 24179 - _-- '►�� xr�i�aun - Vinton Town Council 311 S Pollard St. Vinton,Virginia Dear Council Members, This letter is written on behalf of the Vinton Fire Department to inform you that the Vinton Fire Department has held its annual election of officers.The results are as follows: Line Officers Business Officers Fire Chief: Benny Powell President:William 'Dip'English Assistant Chief: Chris Heptinstall Vice-President: William Rogers Deputy Chief: Richard Oakes Secretary: Keith Ball Captain: George Stone Treasurer: Matthew Thomas Lieutenant:Jimmy Carden The term for the elected officers will begin on the first day of March, 2010. Sincerely, Keith Ball Secretary Vinton Fire Department T Vinton Police Department 311 SOUTH POLLARD STREET VINTON, VIRGINIA 24179 HERBERT G.COOLEY Z 0 CHIEF OF POLICE PHONE (540) 983-0617 FAX (540) 983-0624 ' 1884 A State Accredited Agency February 3, 2010 To: Monica L. McCullough, Detective From, Herbert G. Cooley, Chief of Police Re: Officer of the Month Congratulations! You have each been nominated and selected as Officer of the Month for the month of December 2009. In December 2009 you organized and coordinated the second "Coats from Cops" program. You collected and distributed over 160 coats from members of the Vinton and neighboring Police Departments. For the second year in a row you organized the event at the Farmers Market where you, along with help from other members of the department, decorated the area, served refreshments, and distributed the coats to needy members of the community. You are to be commended for your benevolent acts for the less fortunate of our community. Herbert G. Cooley Chief of Police CC: Beth Austin, Human Resources Director Chris Lawrence, Town Manager Mayor and Members of Council Police Board Darleen Bailey, Town Clerk-,** Vinton Police Department 311 SOUTH POLLARD STREET VINTON, VIRGINIA 24179 HERBERT G.COOLEY CHIEF OF POLICE PHONE (540) 983-0617 FAX J540) 983-0624 188 A State Accredited Agency February 4, 2010 To: Anna Wootten, Sergeant From: Herbert G. Cooley, Chief of Police Re: Officer of the Month Congratulations! You have been nominated and selected as Officer of the Month for the month of January 2010. On January 30, 2010, your received a call regarding an unresponsive person. You arrived on the scene to discover an unresponsive female not breathing, and without a pulse. You immediately administered CPR until rescue arrived. When rescue arrived the person had resumed breathing and her pulse had returned. She was treated and released after a short stay in the hospital. Your quick actions, without question, saved this woman's life. On January 29, 2010, you received a call for a possible residential burglary. You and members of your shift followed footprints in the snow to the door of a house. As you approached, two suspects exited the house with stolen property in hand and were immediately arrested. Your attention to detail and your efforts to preserve life are commendable. Good Work! Herbert G. Cooley, Chief of Police C� CC: Chris Lawrence, Town Manager Beth Austin, Human Resources Director Mayor and Members of Council Darleen Bailey, Town Clerk 0 Vinton Police Department 311 SOUTH POLLARD STREET VINTON, VIRGINIA 24179 HERBERT G. COOLEY z CHIEF OF POLICE PHONE (540) 983-0617 FAX (540) 983-0624 A State Accredited Agency February 4, 2010 To: Wayne Guffey, Dispatcher From: Herbert G. Cooley, Chief of Police Re: Outstanding Dispatcher of the Quarter Congratulations! You have been nominated and named "Outstanding Dispatcher of the Quarter"for the quarter ending December 31, 2009. You were nominated for your team spirit and you willingness to go the extra mile during an especially stressful time in the dispatch center. You have worked midnight shift and filled in for others during times of need. During this time you were training a new employee, maintaining the CAD system, and handling in-service training. Outside of dispatch, you actively worked on getting the department's in-car cameras and mobile data terminals up to date and/or repaired as necessary. Your dedication to the department and your relentless work ethic make you deserving of this recognition. Great Job! Herbert G. Cooley, Chief of Police CC: Chris Lawrence, Town Manager Beth Austin, Human Resources Director Mayor and Members of Council Darlene Bailey, Town Clerk -, ACTION NO: Ord. 894 ITEM NO: G.-I TO: TOWN MANAGER'S OFFICE FROM: Anita J. McMillan, Planning and Zoning Director DATE: February 9, 2010 SUBJECT: William Walker Rezoning Request from RB to GB District 602 3 d Street, Tax Map Number 60.15-5-1 ISSUE/PURPOSE: The Planning Commission held a public hearing on Wednesday, January 27, 2010, to discuss and receive comments concerning the petition of William ,rd Walker to rezone the property located at 602 -) Street, tax map number 60.15-5-1, from RB Residential Business District to GB General Business District. The Town Council was briefed on the rezoning request of Mr. Walker during its work session held on February 2, 2010. BACKGROUND: Please see attached staff report concerning the rezoning request and supporting materials as provided by the Petitioners. The rezoning of 602 3 d Street will allow the property to be used for retail stores. According to Mr. Walker, the operator of Two Peas in a Pod is interested in expanding her business to his building. Two Peas in a Pod is renting a space in the Temp-O-Matic building, which is located across from 602 3)'d Street.' PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission voted unanimously to recommend approval of the rezoning request with the proffered conditions as submitted in writing by the Petitioner, The Petitioner has listed uses that are permitted in the GB District that will not be allowed on the property as proffered conditions. The Petitioner has proffered that the following uses will not be allowed on the property: 1. Auto and truck sales and service establishments 2. Auto wash facilities 1. Bed and bre,akfast establishments 4. Dwelling units ol'any kind J. Gasoline service stations 6. Parking areas, parking lots and parking garages as a principal use of property Special Uses-. 1. Auto and truck general repair 1 Halfway house 1 Outpatient mental health centers 4. Outpatient substance abuse centers, CITIZEN COMMENTS: Including the Petitioner,there were three citizens who were in support of Mr. Walker's rezoning request; Mr. Willie Leffel, and Mr. Jeff and Mrs. Patty Kiser, attended the public hearing. Mr. Willie Leffet, the owner of Temp-O-Matic, informed the Planning Commission that Mr. Walker has done a lot of improvements to the property, including keeping the property clear of trash. Mrs. Patty Kiser, the owner of Two Peas in a Pod informed the Planning Commission that the rezoning of Mr. Walker's property will enable her to expand her business and allow business to stay in Vinton. STAFF COMMENTS: In conjunction with an application for rezoning of property,the owner or the agent of the owner may voluntarily proffer in writing reasonable conditions in addition to the regulations specified for the zoning district. The Petitioner has proffered a list of uses that would not be allowed on the property as conditions of the rezoning request. The Town Council may consider additional conditions, deletions or modifications to conditions after the Planning Commission makes its recommendation, provided that such are voluntarily proffered in writing prior to the public hearing at which the Town Council is to consider the application for rezoning. In any case where modifications to conditions are proposed after the Planning Commission makes its recommendation; the Town Council may refer the rezoning application back to the Commission for further review and action. ACTION REQUESTED: Town Council to hold and receive public comments concerning the rezoning request during its public hearing to be held on February 16, 2010. DATE ACTION NEEDED: February 16, 2010 Attachments: Ordinance Staff Report and Supporting Material Mr, William Walker's Correspondence to the Chairman of the Planning Commission, dated December 23, 2009 Proffered Conditions Submitted by Mr. Walker and Accepted by Planning Commission 2 ORDINANCE NO. 894 AT A PUBLIC HEARING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, FEBRUARY 16, 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 William Walker,to rezone the property located at 602 3"Street,tax map number 060.15-05-0 1.00, 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 William Walker, to rezone the property located at 602 3'd Street, tax map number 060.15-05-01,00, 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 listed uses that are permitted in the GB District that will not be allowed on the property as proffered conditions, The Petitioner has proffered that the following uses will not be allowed on the property: 1. Auto and truck sales and service establishments 2. Auto wash facilities 3. Bed and breakfast establishments 4. Dwelling units of any kind 5, Gasoline service stations 6, Parking areas, parking lots and parking garages as a principal use of property Special Uses: 1. Auto and truck general repair 2. Half,,vay house 1 Outpatient mental health centers 4. Outpatient substance abuse centers. 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 2 REZONING OF PROPERTY: Property: 602 3 RD STREET, VINTON, VIRGINIA Tax Map #60.15-5-1 At a Public Hearing of the Town of Vinton,scheduled for Wednesday,January 27,2010 at 7:00 p.m. in Vinton Municipal Building at 311 South Pollard street,Vinton,Virginia,the matter for the aforementioned property is to be heard to determine if the Zoning on the subject property can be changed from R-8 to General Business. The Petitioner,William J.Walker, III,owner of Walker Commercial Services, Inc.,hereby is voluntarily proffering in writing the following uses which will not be allowed on the property. 1. Auto and Truck Wes and service establishments 2. Auto Wash Facilities 3. Bed and Breakfast Establishments 4. Dwelling Units of any kind S. Gasoline Service Stations 6. Parking Areas, Parking Lots and Parking Garages -7. Pet Shops, Pet Greeffiln ShOPS, YeterinaFy Glinies;Aftim Special Uses: --A ---I t.-I i. Eornmereial imdearAflnesement uses,gafne Feerns, Mile .—.9,etc. 2. Auto and Truck general repair 3. Halfway House 4- Outpatient mental health centers 5. Outpatient substance abuse centers Thank you for your consideration of my request. Respectfully submitted, tai l' J Walker,III,Owner otiker Commercial Services, Inc. & k\ d Telephone: (540)344-6160 Facsimile: (540)344-6164 !W/ t� A L"K E R-'_ E-Mail: bill@walker-inc.com Commercial Real Estate Services, Inc. www.walker-inc.com Sales I Leasing I Auctions 101 Albemarle Avenue, SE Roanoke, VA 24013 December 23, 2009 Mr. David R. Jones 806 Olney Road Vinton, Virginia 24179 RE: Petition for Rezoning 602 3d Street, Vinton, Virginia Tax-9 60.15-5-1 R-B to GB Dear Mr. Jones: Thank you for listening.to my rezoning request. I am a Licensed CommercialReal Estate Broker in Virginia and purchased the property located at 602 3)d Street, Vinton,Virginia on December 28, 2005 for$150,000.00 as Investment Property. I have made the following improvements to the building since purchasing the property: New Roof New Parking Lot Replaced the floors Installed new HVAC,and Insulated the building My improvements to the property total approximately$40,000.00 to $50,000.00. All of these improvements were necessary to improve the state of the property and to solidify the value of its purchase as an Investment Property. Much to my dismay, each time I have secured a qualified tenant for the property,the prohibition of Retail Sales on this site has kept the tenant from leasing the property. This property has now been vacant for over two years. The economic hardships have affected us all in one form or another,however, based on my experience in the Commercial Real Estate Arena, I feel that Rezoning this property to allow Retail Sales would greatly increase my ability to Lease the Property and bring more consumers to the Town of Vinton. Meeting Commercial Real Estate needs throughout the Region December 23, 2009 Page 2 1 have attempted to discount the Lease on three separate occasions to enhance the chances of Leasing my building, however, without the proper zoning,this incentive has yet to produce any results. My hope is that you will be receptive to my request for Rezoning my property to Retail Sales. Looking forward to further discussion on the zoning proposal in a January meeting, I am, Very truly yours, ry William J. Walker, III WJW'IIFjC STAFF REPORT PETITIONER: William Walker PREPARED BY: Karla D. Turman Anita J. McMillan CASE NUMBER: 1-01-10 DATE: December 30, 2009 A. NATURE OF REQUEST William Walker(dba Walker Commercial Services), Petitioner and Property Owner, is requesting a rezoning of the property located at 602 3rd Street,tax map number 60.15-5-1, from R-B Residential Business District to GB General Business District. The proposed rezoning will allow retail stores be operated on the property. B. APPLICABLE REGULATIONS The property with a building, which is currently vacant is zoned RB Residential Business District. The intent of the RB District is to accommodate a limited range of offices and similar uses that are compatible with moderate density residential in order to provide for mixed use and other alternatives for new construction in areas that are undergoing change and are no longer viable as exclusively residential in character. The RB District is also intended as a means to case the transition between residential and commercial areas by providing for a mix of uses and development standards that are compatible with nearby residential areas. The property is located at the intersection of 3d Street and West Virginia Avenue. The GB District is intended to be applied along primary traffic routes and to areas having direct access to such routes,in order to provide safe and efficient access while avoiding the routing of traffic onto minor streets or through residential areas. The district regulations are designed to afford flexibility in permitted uses of individual sites in order to promote business opportunities, economic development, and the provision of services. Uses by right that are allowed in GB District include institutional, offices andfor commercial uses such as but not limited adult day care center, auto wash facilities, bank, doctor office, retail stores and shops. In addition, a list of uses such as amusement centers, flea market, and auto and truck general repair are permitted in the GB District, subject to approval of a special use permit. C. ANALYSIS OF EXISTING CONDITIONS Background—This site was formerly occupied by Caribbean Tan, The building has been vacant since Caribbean Tan closed its doors in the fall of 2007, Since then, staff has had inquiries from potential tenants regarding the use of the property for retail services. In 2008, staff provided an employee of Mr. Walker with options regarding the property. Staff suggested that if Mr. Walker wanted to be able to rent the property for retail/commercial use, he might want to consider applying for a rezoning of the property. Location—602 P Street, at the intersection of 3" Street and West Virginia Avenue. Topography/Vegetation—The existing structure is located on a level lot. There is a small grassy area adjacent to the right-of-way on Virginia Avenue; the remainder of the lot has been paved, Ad'jacent Zoning and Land Uses—The properties to the west, separated by P Street,are zoned M-2 and are developed with a contractor's office(Temp-0-Matic), a retail store(Two P's in a Pod),and a manufacturing facility(PFG). The properties to east fie in the same block as this property, and are zoned R-B. These properties are developed with office buildings, a financial institution (Freedom First Credit Union),and a business complex that includes offices, a tanning salon,a beauty salon and a clothes alteration business. The property immediately to the south is zoned RB and is developed with a photography studio. The property to the north, separated by Virginia Avenue, is zoned G-B and is developed with a dental office. D. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture - One 2,500 sq. ft, structure exists on the property. Although the lot is paved, there are currently no marked parking spots. Site Access—3 d Street, a fifty(50) feet wide fight-of-way, Utilities—Public water and sewer services are available and the existing structure is served by public water and sewer services. E. COMPREHENSIVE PLAN/FUTURE LAND USE The 2004—2024 Town Comprehensive Plan designates this property and the properties to the east and south as residential/business land use,the properties to the west as heavy industrial land use, and the properties to the north as general commercial land use. The draft version of the 2009 Vinton Area Corridors Plan (VACP) recommends a retail/service commercial land use designation for this property, as well as the properties in the same block to the east. Please note that Town Council has not yet held a public bearing regarding the VACP,nor have they voted to approve the recommendations within the draft document. F. STAFF CONCLUSION The proposed rezoning of the property from RB to GB District might be considered to be consistent with the existing uses of the area to the west and north, if the property will only be used for a certain type of commercial/retail uses. The property is already developed with a building and paved parking area,therefore the required minimum fifteen(15)feet buffer to the east and south of the property will not be met. If the proposed rezoning is approved,the existing building and paved parking area will be nonconforming with respect to the buffer and yard setback requirements, because the properties to 2 the east and south are zoned RB District. In conjunction with an application for rezoning of the property,the property owner may voluntarily proffer in writing reasonable conditions to allow the property be used for a limited type ofcommercial uses. These proffered conditions must be submitted at the time of submission of the application for rezoning or at any other time before the planning commission makes its recommendation on the application to the town council, 3 t t tl } ,f v � � x t�Sstzf i1�S 3tr;S satsl. �ti'�� d, u t s F f l.. x 5 t v�r� �4i y DIVISION 6. GB GENERAL BUSINESS DISTRICT Sec. 4-28. Intent of district. Pursuant to the general purposes of this appendix, the intent of the GB general business district is to accommodate a wide range of retail and service uses which serve the community as a whole or cater to the traveling public. The district is intended to be applied along primary traffic routes and to areas having direct access to such routes, in order to provide safe and efficient access while avoiding the routing of traffic onto minor streets or through residential areas. The district regulations are designed to afford flexibility in permitted uses of individual sites in order to promote business opportunities, economic development and the provision of services. The district regulations are also designed to provide for harmonious development and compatibility with adjacent residential areas. Sec. 4-29. Permitted uses and structures. (a) Uses and structures permitted by tight. The following uses and structures are permitted by right in the GB general business district, subject to all other applicable requirements of this appendix: (1) Adult day care centers. (2) Artists' studios, art galleries, art supply shops and custom frame shops. (3) Auto and truck sales and service establishments, provided the following conditions shall be met. a. No service or repair of vehicles or storage of inoperable vehicles shall be conducted outside a completely enclosed building; b. Any such use located within 100 feet of a residential or R-B district shall be provided with screening as set forth in article V of this appendix; c. All areas for parking or display of vehicles shall be paved; d. Outdoor activities related to the use shall not be conducted within five feet of any side or rear property line, and all areas devoted to the parking, circulation or display of vehicles shall be separated from public streets as provided in section 4-31 of this appendix; e. The minimum lot area for such use shall be 10,000 square feet, and the minimum lot width shall be 100 feet; f. Outdoor fighting, if provided, shall be permanently affixed; g. A permanent structure or structures meeting the requirements of the Uniform Statewide Building Code shall be provided for such use; h. No newly constructed building shall be situated so that motor vehicle entrances to or exits from the building face a public street. (4) Auto wash facilities. (5) Bakeries where products are sold principally at retail on the premises. (6) Banks and other financial services. (7) Bed and breakfast establishments. (8) Building supplies and materials sales and mechanical, electrical, plumbing and heating supplies sales, provided that all storage is conducted within a completely enclosed building. (9) Business schools. (10) Child day care centers. (11) Churches and other places of worship. (12) Contractors' offices, shops and display rooms, but not including warehouse facilities or outside storage or display. (13) Dwelling units contained within the same building as nondwelling uses permitted in this district, provided that such dwelling units shall be located above the first floor of the building or to the rear of other permitted uses, and the amount of floor area devoted to dwelling units shall not exceed two times the floor area devoted to other permitted uses, (14) Farmers' markets and outdoor sales of crafts, foods or seasonal items. (15) Fire stations and rescue squad facilities, (16) Funeral homes. (17) Garden centers, (18) Gasoline service stations, self-service gasoline stations and auto service centers. (19) Hospitals. (20) Hotels and motels. (21) Laundromats, laundry and dry cleaning pickup stations and household linen and diaper services. (22) Libraries and museums. (23) Medical and dental clinics and laboratories. (24) Minor public utilities. (25) Nursing homes. (26) Office supply, office and business support services, photocopy, blueprint and custom printing establishments. (27) Offices. (28) Parking areas, parking lots and parking garages as a principal or accessory use of property. (29) Parks, playgrounds, other recreational facilities and community centers owned and operated by a governmental agency, civic association or other not-for-profit organization. (30) Personal service businesses. (31) Pet shops, pet grooming shops, veterinary clinics and animal hospitals, provided that all facilities shall be located within completely enclosed and air conditioned buildings which are soundproof to the extent that sounds produced by animals kept or treated therein are not audible outside the building. (32) Post offices and package mailing services, but not including package distribution centers. (33) Public schools and private schools having substantially the same curriculum as public schools. (34) Recreation and entertainment uses, including theaters, auditoriums, club and lodge meeting facilities and assembly halls, when such uses are located within completely enclosed buildings. (35) Restaurants, cafes, delicatessens, tearooms, coffee houses, ice cream parlors, refreshment stands, catering businesses and similar food and beverage service establishments. Seating areas outside of enclosed buildings and intended for service to or consumption of food or beverages by patrons may be provided, but not within any public right-of-way, and provided that: a. No deck, patio, terrace or other outside area for the service or accommodation of patrons shall be situated within 100 feet of any property in any residential or R-B district; b. Covered trash containers shall be provided in service areas, and fences, walls or vegetative screening shall be provided around service areas, except at entrances and exits, to prevent refuse from blowing onto adjacent properties or streets; c. No music or public address system shall be operated in a manner that sound produced is audible beyond the boundaries of the premises. (36) Retail stores and shops. (37) Service businesses which rent, service or repair audio or video equipment, home appliances, fumiture, personal recreational equipment, home yard and garden equipment, tools, bicycles, locks, computers, office machines and similar household or business items, provided that no products shall be stored or displayed outside a completely enclosed building. (38) Shopping centers containing uses permitted in this district. (39) Signs as permitted in article V of this appendix. (40) Tourist homes. (41) Wholesale merchandising brokers, but not including wholesale storage or warehouses, (42) Accessory uses and structures, (43) Commercial indoor sports and recreation uses, including bingo halls, bowling alleys, ice and roller skating rinks, off-track betting centers, racquetball, swimming, and/or tennis facilities, when such uses are located within completely enclosed buildings. (b) Special uses. The following uses and structures are permitted in the GB general business district, subject to approval of a special use permit by the town council as set forth in article VII of this appendix: (1) Commercial indoor amusement uses, including game rooms, billiard and pool halls, and video arcades. Establishments which provide multiple coin operated amusement or entertainment devices or machines, which would include pinball machines, video games, and other games of skill or scoring, and would include pool and/or billiard tables, whether or not they are coin operated. (2) Auto and truck general repair, including the installation and removal of engines, transmissions or other major body or mechanical parts, auto upholstery shops, and auto, truck or trailer rental, but not including body repair or painting. (3) Flea markets, (4) Greenhouses. (5) Major public utilities. (6) Miniature golf courses, golf driving ranges, batting cages and similar outdoor recreation uses. (7) Miniwarehouses and warehouses. (8) Sports complexes. (9) Antennas and any related unmanned buildings for mobile and land based wireless transmission and subject to the provisions set forth in article V, division 9, section 5- 65(a). (10) Towers and/or monopoles, with a related unmanned equipment building and subject to the provisions set forth in article V, division 9, section 5-65(b). (11) Counseling services, (12) Halfway house. (13) Outpatient mental health centers. (14) Outpatient substance abuse centers. (Ord. No. 680, §4-29, 9-16-1997; Ord. No. 690, 4-7-1998; Ord. No. 793, 11-4-03) Sec. 4-30. Lot area and width requirements. There shall be no minimum lot area or lot width requirements, except as specified in section 4-29 for certain uses, provided that minimum lot area for any use not served by public sewer and public water systems shall be as determined by the health official. Sec. 4-31.Yard requirements. The following yard requirements shall apply in the GIB general business district (see article V for supplementary yard, transitional yard and screening requirements): (a) Front yard. There shall be a front yard of not less than 20 feet, provided that areas devoted to the parking or circulation of vehicles shall be separated from public streets by yards of not less than ten feet in depth which shall be graded and landscaped with grass, other vegetative ground cover, shrubs, trees or other plant materials in a manner that will prevent erosion, accumulation or spread of dust and collection of surface water or drainage thereof onto adjacent areas. (b) Side yards. No side yards shall be required, provided that where a side lot line abuts or is situated across an alley from property located in a residential or R-B district transitional yard and screening requirements as specified in article V of this appendix shall be met. (c) Rear yard. No rear yard shall be required, provided that where a rear lot line abuts or is situated across an alley from property located in a residential or R-B district, transitional yard and screening requirements as specified in article V of this appendix shall be met. Sec. 4-32, Height limit. No building or structure in the GIB general business district shall exceed a height of 60 feet, provided that no building or structure situated within 100 feet of property located in a residential or R-B district shall exceed a height of 35 feet. (See article V for supplementary height regulations.) �� Al TOWN OF VU40N J s RECIND APPLICATION A TION E R REZONING � •,,, oral,l� Applicant's name: William J. Walker, III Phone: 540-344-6160 Address: 101 Albemarle Avenue,SE,, Roanoke, VA 24013 Zip Cade: Date: 12/18/09 Public Hearing: PC Date: TC Date: Owner's name: Walker Commercerial Services, Inc. Phone: 540-344-6160 Address: 101 Albemarle Avenue, SE, Roanoke, VA Zip Code: 24013 Location of Property: 602 3rd Street, Vinton, VA 24179 Tax Map Number: 60.15-5-1 Request Property be rezoned from: R-B to: G-B Size of parcels): 7,830 sf/ .18ac. Existing land use: Commercial .Usage-}.' Proposed land use: Commercial Usage Future land use Map: 60.15-5-1 The Planning Co un,sc;on will study rezoning request to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the'following questions as thoroughly as possible. Use additional space if necessary. 1. Describe briefly the type of use and improvements proposed. State whether new buildings are to be constructed, existing buildings are to be used, or additions made to existing buildings. Using existing structure for Retail Sales 2. Why does applicant believe the location of the use in question on the particular property Is essential or desirable for the public convenience or welfare and wiU:not*be detrimental to the immediate neighborhood? Retail sales in the area around property - There is retail sales directly across 3rd Street and Virginia Avenue 3. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and,facilities, including water/sewer, roads,schools, parks/recreation, and fireirescue. . In my professional opinion: as a Licensed Real Estate Broker in 'Virginia, conducting business in the commercial arena, this property lends itself to retail sales with the traffic light - fronting 4 major intersection and not adjoining residential .property. 4. Attach Concept Plan of the proposed project. Plan must be 8.Y2 x 11 Plan shall show boundaiies and dimensions of property; location, widths, and name.&:of all existing or platted streets within or adjacent to the development; all buildings,existing,an'd*'proposed,dimension, floor area and heights; dimensions and locations of all driveways,'.parking spaces and loading spaces; existing utilities (water,sewer)and connections at the site; :landscaping andscaping acid.,the like. Architect's sketches showing elevations of proposed buildings and-complete plans are desirable and if available, should be filed With the application. 5. It is proposed that the property will be put to the following use: Retail Sales General commercial usage 6. It is proposed that the following buildings will be constructed: N/A 7. Please submit any proffered conditions at the site and show how.they are addressed. N/A I hereby certify that I am the owner o,f the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner; Owner/Authorized Agent; Date: 12/18/09 WI AM J. WALKER, III NOTES: 1. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT AND IS SUBJECT THERETO, THEREFORE, THERE MAY EXIST ENCUMBRANCES WHICH AFFECT THE PROPERTY NOT SHOWN HEREON, rf1 71 2. THE SUBJECT PROPERTY IS WITHIN THE LIMITS OF FLOOD ZONE 2 "X" >.AS SHOWN ON THE FEMA FLOOD INSURANCE RATE MAP. THIS z DETERMINATION IS BASED ON SAID MAP AND HAS NOT BEEN VERIFIED 0 BY ACTUAL FIELD ELEVATIONS. 7 '3, THIS PLAT WAS PREPARED IN ACCORDANCE WITH REQUIREMENTS SET FORTH BY THE COMMONWEALTH OF VIRGINIA FOR PHYSICAL IMPROVEMENT SURVEYS. LEGEND: N\F= NOW OR FORMERLY W. VIRGINIA AVENUE OHW= OVERHEAD WIRE (FORMERLY SYCAMORE STREET) W\= WITH — 60' WIDE cuRB S 86"30'00" E GRASS wAtx MAG NAIL SET I C14 I PEN =N Ci 04 PAVEMENT 0.3' 21,0 EAST OF LINE 25' I 3.9' w Z 9 Uj m I PAVEMENT W V) z 0- N\F PROPERTY OF LO 0 0 SOONJA & HYUNJIN M. 0 'd I j KIM C4 t TAX NO o M 0 60.15-05-02 LD 6 b) to 0 0 PAVEMENT z PAVEMENT 0.2* EAST OF LINE 2 E10 WESTERLY ORIGINAL 1/2 OF LOT PAVEMENT PAVED PARKING 50.00' MAG NAIL SET N 86*30'00" W PIN W\CAP 15' ALLEY oxvi Op HN 17- PARKER a SURVEY FOR No. 1076 THOMAS R. HUBBARD, JR. & )z Z-oz) ppa / I EVONNE P. HUBBARD SHOWING THE WESTERLY 1/2 OF LOT 1, SECTION 2, MCDONALD ANNEX P.B. 1, PG. 119 TOWN OF VINTON ROANOKE COUNTY, VIRGINIA TAX # TPP&S T. P. PARKER & SON N.B. JR 220 DRAWNADA65 816 Boulevard SCALE: 1 30 - - ,CYCRS Post Office l3ox So DATE: --112 NOV PLANNERS Salem, Virgiria, 24163 5 0 1 12003 CALL. CHK'D JTP CLOSED: JD 540-387-1153 D- 525:41, W w r 0_� -�_()Rja r) ACTION NO: Reso. 895 ITEM NO: Q.-2 TO: TOWN MANAGER'S OFFICE FROM: Anita J. McMillan.. Planning and Zoning Director DATE: February 9, 2010 SUBJECT: Petition ol'Jeanie Harper for a Special Use Permit (SUP) to Operate a Family Day Care Home, 119 Franklin Avenue ISSUE[PURPOSE: The Planning Commission held a public hearing on Wednesday, January 27, 2010, to discuss and receive comments concerning the petition of William Walker to rezone the property located at 602 rd ) Street, tax map number 60.15-5-1, from RB Residential Business District to G13 General Business District. The'town Council was briefed on the SUP request from Mrs. Harper during its work session held on February 2, 2010. BACKGROUND: Please see attached staff report and supporting material concerning the SUP request. The approval of the SUP request by Town Council will allow Mrs. Harper to continue operating her family day care home. Please note that on November 16, 2009, and December 15, 2009, the Planning Commission and Town Council held public hearings, respectively, and voted to amend the zoning ordinance to allow 6 to 12 children to be cared for in a family day care home with the issuance of a SUP. PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission voted unanimously to recommend approval ot'Mrs. Harper's SUP request. CITIZEN COMMENTS: Mrs. Harper was present for her SUP request. In addition to Mrs, Harper, Mr. Joe Banks and Mr. Allen Kasey were present to support her request. Mr. Kasey indicated that he has never had any problems with the children that Mrs. Harper has been keeping and asked that her request be approved. STAFF COMMENTS: Staff Would like to state that, with a SUP request, the Town Council is given the opportunity to review the proposed request and impose such conditions as reasonably necessary to ensure the use will be compatible with the surrounding area and consistent with the purposes of the Zoning Ordinance, ACTION REQUESTED: Town Council to receive public comments concerning the SUP request during its public hearing to be held on February 16, 2010. DATE ACTION NEEDED: February 16, 2010 Attachments: Ordinance Staff Report and Supporting Material ORDINANCE NO. 895 AT A PUBLIC HEARING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, FEBRUARY 16, 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 Jeanie Harper for a Special Use Permit(SUP)to operate a family day care home, located at 119 Franklin Avenue, Vinton, Virginia, tax map number 060.19-05-10.00, zoned R-2 Residential District, THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia that the petition of Jeanie Harper for a Special Use Permit (SUP) to operate a family day care home, located at 119 Franklin Avenue, Vinton, Virginia, tax map number 060.19-05-10.00, zoned R-2 Residential District, be approved, Adopted on motion by Councilman and seconded by Councilman with the following votes recorded: AYES NAYS APPROVED: Bradley E. Grose, Mayor Tw,vn of Vinton Attest: Darleen R. Bailey, Town Clerk STAFF REPORT PETITIONER: Jeanie Harper PREPARED BY: Karla D. Turman CASE NUMBER: 2-01-10 DATE: December 29, 2009 A. NATURE OF REQUEST Jeanie Harper,the Petitioner and Property Owner, is requesting a special use permit(SUP)to operate a Family Day Care Home, located at 119 Franklin Avenue, tax map number 60,19-5-10. B. APPLICABLE REGULATIONS Article IV, District Regulations, of Appendix B, Zoning, of the Town Code Division 3, R-2 Residential District § 4-14(b), Special Uses. The intent of the R-2 district is to provide appropriate areas for moderate density residential development and promote a suitable residential environment with necessary community facilities and public services. Although the primary intended use is single-family detached,the district also provides for flexibility in housing types by permitting two-family dwellings and townhouses at densities compatible with single-family detached. The district is also intended to preserve the predominant character of established neighborhoods and protect them from encroachment by potentially incompatible nonresidential uses and higher density residential uses. Examples of uses that are permitted by right in the R-2 District are single-family and two-family dwellings, parks and playgrounds, churches and other places of worship, and adult day care homes. Some uses that are permitted by SUP are townhouses; bed and breakfast establishments; fire stations and rescue squad facilities; and major public utilities. C. ANALYSIS OF EXISTING CONDITIONS Background — In June 2009, staff received information regarding a family day home that was operating in a residential district where more than five children were being cared for. At that time, the zoning ordinance stated that a family day home could provide care for not more than five children, exclusive of the children residing in the residence. Town administration requested that staff research how other localities handle family day homes and child day care centers, solely in residential districts. On October 8, 2009, staff presented its recommendations to the Planning Commission. Staff recommended that keeping of 1-5 children be allowed by right in a residential district, and that the keeping of more than 5 children be allowed by special use permit in a residential district. The Planning Commission held a public hearing on November 16, 2009,to receive comments regarding the proposed amendments, Mrs.Harper was in 1 attendance and spoke on behalf of allowing more than 5 children to be kept at a residence,with the issuance of a SUP. The Planning Commission voted in favor of recommending to Town Council that 6-12 children be allowed to be kept in a day home with the issuance of a SUP. On December 15, 2009, Town Council held a public hearing and voted in favor of the proposed amendments. As Council voted to amend the zoning ordinance to allow more than 5 children to be kept by SUP,Mrs. Harper then had to comply with the zoning ordinance by filing this SUP application. Location— 119 Franklin Avenue. TopographyNegetation—The existing structure is located on a 0.46 acre lot that is level in the front and slightly sloped in the rear. There is grassy yard, and a driveway to the west. Adjacent Zoning and Land Uses—The properties to the north, south, east and west are zoned R-2 Residential and are developed with single-family homes. D. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture - The property is accessed via an entrance from Franklin Avenue. There is a small front porch on the structure. To the rear of the structure, there is a retaining wall. An undeveloped alley runs along the rear of the property, Site Access— Franklin Avenue, a fifty(50) feet wide right-of-way. Utilities—Public water and sewer services are available and the existing structure is served by public water and sewer services. E. COMPREHENSIVE PLAN/FUTURE LAND USE The 2004—2024 Town Comprehensive Plan designates this property and the surrounding properties as low density residential land use area. F. STAFF CONCLUSION The proposed use as indicated in the SUP application may be considered consistent with the general characteristics of the neighborhood. Staff would like to state that,with a special use permit request,the Planning Commission and Town Council are given the opportunity to review the proposed request and impose such conditions as reasonably necessary to ensure the use will be compatible with the surrounding area and consistent with the purposes of the Zoning Ordinance. 2 r �t�t; t. ¢�1;,t Y 1 tY ''Y� k y p B �'1Y�q' �¢4,, i i' i 4 �'� U `�+ �i 'ili���V i��r �Y�I��'V ��; �� ,,Y;, �,� � �� �� � p,° "� "� } da�� y��dr ��i i � ��� i� � ,��� t ,. r �����,�r t, � '° V '�, �� � � S� 4 � h' 4y �'> ����, k 4g ACTION NO: Ord. 896 ITEM NO: Q. - 3 TO: TOWN MANAGER'S OFFICE FROM: Anita J. McMillan, Planning and Zoning Director DATE: February 9, 2010 SUBJECT: Petition of Evette Bennett for a Special Use Permit(SUP) to Operate a Family Day Care Home,303 Ashley Court ISSUE/PURPOSE: The Planning Commission held a public hearing on Wednesday, January 27, 2010, to discuss and receive comments concerning the petition of Evette Bennett for a Special Use Permit (SUP) to operate a family day care home, located at 3)03 Ashley Court, tax map number 6 1.13-1-33,03, zoned R-I Residential District. The Town Council was briefed on the SUP request from Mrs. Bennett during its work session held on February 2, 2010. BACKGROUND: Please see attached staff report and supporting material concerning the SUP request. The approval of the SU13 request by Town Council will allow Mrs. Bennett to continue operating her family day care home. Please note that on November 16, 2009, and December 15, 2009, the Planning Commission and Town Council held public hearings, respectively, and voted to amend the zoning ordinance to allow 6 to 12 children to be cared for in a family day care home with the issuance of a SUP. PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission voted unanimously to recommend approval of Mrs. Bennett's SUP request. CITIZEN COMMENTS: Mr. Vincent Bennett and his son were present on behalf of Mrs. Bennett, for the SUP request. Mr. Bennett submitted a petition signed by five of his neighbors in support of their request. See attached. STAFF COMMENTS: Staff would like to state that, with a SUP request, the Town Council is given the opportunity to review the proposed request and impose such conditions as reasonably necessary to ensure the use will be compatible with the surrounding area and consistent with the purposes of the Zoning Ordinance. ACTION REQUESTED: Town Council to receive public comments concerning the SUP request during its public hearing to be held on February 16, 2010. DATE ACTION NEEDED. February 16, 2010 Attachments: Ordinance Staff Report and Supporting Material ORDINANCE NO. 896 AT A PUBLIC HEARING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, FEBRUARY 16, 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 Evette Bennett for a Special Use Pen-nit(SUP)to operate a family day care home, located at 303 Ashley Court,Vinton,Virginia,tax map number 061-13)- 01-33.03, zoned R-1 Residential District, THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton, Virginia that the petition of Evette Bennett for a Special Use Permit (SUP) to operate a family day care home, located at 303 Ashley Court, Vinton, Virginia, tax map number 06 1,1 3)-0 1-3 3,03), zoned R-I Residential District, be approved. Adopted on motion by Councilman and seconded by Councilman with the following, votes recorded: AYES MAYS APPROVED: Bradley E. Grose, Mayor Town of Vinton Attest: Darleen R. Bailey, Town Clerk To - All Neighbors on Ashley Court 1/15/2010 The Town of Vinton is requiring a variance to the ordinance pertaining to child care out of our home. The current amount of children for a home daycare is nine children. In order for her to'keep 12 we will need to get a variance. Signing this petition would indicate you would have no issues if the Town of Vinton sees fit to grant this variance. Your help would be greatly appreciated. Vince &Evette Bennett Gary& Gloria Stultz 308 Ashley Court / -C / Dater /I / James & Carol White 312 Ashley Court Date: -/CP 12) Alisa Barnette 309 As e Court Date: Donna Morgan 311 Ashley Court Date: /- '-/0 Bob & Debbie Menkedick 316 Ashley Court Date: STAFF REPORT PETITIONER: Vincent&Evette Bennett PREPARED BY: Karla D. Turman CASE NUMBER: 3-01-10 DATE: December 30, 2009 A. NATURE OF REQUEST Vincent and Evette Bennett,the Petitioners and Property Owners, are requesting a special use permit (SUP)to operate a Family Day Care Home, located at 303 Ashley Court,tax map number 61.13-1- 33,03, B. APPLICABLE REGULATIONS Article IV, District Regulations, of Appendix B, Zoning, of the Town Code Division 2, R-1 Residential District § 4-7(b), Special Uses. The intent of the R-I residential district is to provide appropriate areas for moderate density single- family residential development and promote a suitable residential environment with necessary community facilities and public services. The district is also intended to preserve the predominant character of established neighborhoods and protect single-family residential areas from encroachment by potentially incompatible nonresidential uses and higher density residential uses. C. ANALYSIS OF EXISTING CONDITIONS Background — In June 2009, staff received information regarding a family day home that was operating at this location where more than five children were being cared for. At that time, the zoning ordinance stated that a family day home could provide care for not more than five children, exclusive of the children residing in the residence. Town administration requested that staff research how other localities handle family day homes and child day care centers, solely in residential districts. On October 8, 2009, staff presented its recommendations to the Planning Commission. Staff recommended that keeping of 1-5 children be allowed by right in a residential district, and that the keeping of more than 5 children be allowed by special use permit in a residential district. The Planning Commission held a public hearing on November 16, 2009, to receive comments regarding the proposed amendments. Mr. and Mrs. Bennett were in attendance and spoke on behalf of allowing more than 5 children to be kept at a residence with the issuance of a SUP, The Planning Commission voted in favor of recommending to Town Council that 6-12 children be allowed to be kept in a day home with the issuance of a SUP. On December 15, 2009, Town Council held a public hearing and voted in favor of the proposed amendments. As Council voted to amend the zoning ordinance to allow more than 5 children to be 1 kept by SUP,Mr. and Mrs. Bennett then had to comply with the zoning ordinance by filing this SUP application. Location—303 Ashley Court, on the southeastern end of the cul-de-sac. Topog=hyNegetation— The existing structure is located on a 0.875 acre, slightly-sloped lot the rear. There is grassy yard, and a driveway to the west. Adjacent Zoning and Land Us —The properties to the north, south, east and west are zoned R-I Residential and are developed with single-family homes, two-family homes and triplexes. D. ANALYSIS OF PROPOSED DEVELOPMENT Site Lavout/Architecture - The property is accessed via an entrance from the cul-de-sac on Ashley Court. There is a small front porch on the structure. To the west side and rear of the structure,there is a retaining wall. Site Access— Ashley Court,which ranges from a fifty(50)feet wide right-of-way on the street to a one-hundred(100) feet wide right-of-way in the cul-de-sac, Utilities—Public water and sewer services are available and the existing structure is served by public water and sewer services. E. COMPREHENSIVE PLAN/FUTURE LAND USE The 2004—2024 Town Comprehensive Plan designates this property and the surrounding properties as low density residential land use area. F. STAFF CONCLUSION The proposed use as indicated in the SUP application may be considered consistent with the general characteristics of the neighborhood. Staff would like to state that, with a special use permit request, the Planning Commission and Town Council are given the opportunity to review the proposed request and impose such conditions as reasonably necessary to ensure the use will be compatible with the surrounding area and consistent with the purposes of the Zoning Ordinance, 2 r �, �� , i� �� �'1���' P 1 Y�,i � i� �r,, t,. � „` ��� „' � ti � P, k � 4 y •e� Y fr�� � r,.. �. � 1 i 1( ����,� �', °;xt� <.Y yc �, t ``{ ;;. i r t� � � ��i �' i'(', v,. 44'��'c�p��; i ;< ,, �I P.o .9 ACTION NO: Ord. 897 ITEM NO: G. - 4 TO: TOWN MANAGER'S OFFICE FROM: Anita J. McMillan, Planning and Zoning Director DATE: February 9, 2010 SUBJECT: Town of Vinton's Comprehensive Plan Amendment to Incorporate the Vinton Area Corridors Plan (VACP) ISSUE/PURPOSE: On December 7, 2009,. the Vinton and Roanoke Planning Commission held a joint work session at 6:00 p.m, and a public hearing at 7:00 p.m. at the Vinton War Memorial, The joint meetings were to receive comments on the proposed amendment to the Roanoke County Comprehensive Plan and the Town of Vinton Comprehensive Plan to incorporate the Vinton Area Corridors Plan (VACP). Each member of Town Council has been provided with the draft copy of the VACP document, During the Town Council work session held on February 2, 2010, Roanoke Count), Planning staff presented the VACP PowerPoint presentation. The Town Council will hold its public hearing on the proposed amendment to the Vinton Comprehensive Plan to incorporate the VACP on February 16, 2010. BACKGROUND: The VACP is a joint effort of the Roanoke County and Town of Vinton Planning Staff. Roanoke Valley Alleghany Regional Commission, and Virginia Department of Transportation (VDOT) Salem District staff. The process started in the fall of 2008 and involved the following: I A community survey from middle of January 2009 through the end of February 2009. 2. One-on-one business owner interviews from December 2008 and through the end of February 2009 and presentation by staff to the Vinton Area Chamber of Commerce during their annual meeting. 3. Two community meetings held on January 29., and June 18, 2009. 4, Several stakeholders meetings in the Vinton Community including Vinton Public Works Department, Roanoke Count), Fire Marshal Off-ice, paid and volunteer personnel of the Vinton EMS. VDOT, and the Blue Ridge Parkway, 5. Four work sessions with the Planning Commissioners and a joint staff-led tour of the Vinton study corridors to familiarize the Planning Commissioners with potential issues and opportunities during staffs inventory of the existing conditions. ACTION REQUESTED: Town Council to hold and receive public comments on the proposed amendment to the Vinton Comprehensive Plan to incorporate the VACP during its public hearing to be held on February 16, 2010. PC RECOMMENDATIONS: Both the Roanoke County and the Vinton Planning Commissions unanimously voted to recommend that the Board of Supervisors and the Town Council amend the Roanoke County Comprehensive Plan and the Town of Vinton Comprehensive to incorporate the VACP. CITIZENS COMMENTS: 20 citizens attended the joint public hearing of the Planning Commissions. The attached minutes of the joint public hearing of the Roanoke County and Vinton Planning Commissions listed comments of the citizens who addressed the Planning Commissioners. STAFF COMMENTS: The purpose of the VACP is to provide data and information for Roanoke County, the Town of Vinton, and VDOT to use in their land use and transportation planning. The research and analysis performed will be useful in identifying and guiding future development and redevelopment opportunities along these corridors. In addition to examining land use and development/redevelopment opportunities, aesthetic issues will be addressed with recommendations for design guidelines, sign improvements, and streetscape improvements. DATE ACTION NEEDED: During`town CouncWs scheduled public hearing to be held on Tuesday, February 16, 2010. The Roanoke County Board of'Supervisors was briefed by Roanoke County Planning Staffon the status of VACP during their work session held on Tuesday, January 26,2010. The public hearing of the Board of Supervisors on the proposed amendment to the Roanoke County Comprehensive Plan to incorporate the VACP is tentatively scheduled for Tuesday,February 23, 2010. Attachment: Ordinance 2 ORDINANCE NO. 897 AT A PUBLIC HEARING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, FEBRUARY 16, 2010, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING,311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE to amend Vinton Comprehensive Plan Ordinance No.806 adopted on September 7, 2004, with amendments, and adopting by reference the "Vinton Area Corridors Plan". WHEREAS,pursuant to Section 15.2-2223 of the Code of Virginia,as amended,the Town of Vinton is required to "prepare and recommend a comprehensive plan for the physical development of the territory within its jurisdiction", and WHEREAS, the Town of Vinton's 2004-2024 Comprehensive Plan has a vision that incorporates the following central themes: 1. Gateway Entrance/Corridors Improvements,2, Housing and Neighborhood Preservation, 3. Greenways/Parks and Recreation/Youth Centers, 4. Economic Development, and 5. Downtown Redevelopment, and WHEREAS,in the fall 2008, the Vinton Town Council authorized ajoint planning effort of Roanoke County Planning staff,Town of Vinton Planning staff,and the Roanoke Valley Alleghany Regional Commission for the study of six major corridors serving the Town of Vinton and East Roanoke County: Bypass Road, Hardy Road, South Pollard Street, Virginia Avenue, Walnut Avenue, and Washington Avenue, and WHEREAS, during the planning process,two community meetings were held on January 29, and June 18, 2009, and WHEREAS,the Vinton Planning Commission and Roanoke County Planning Commission conducted four work sessions and a joint staff-led tour of the Vinton study corridors to familiarize the Planning Commissioners with potential issues and opportunities during staff inventory of the existing conditions, and WHEREAS, during the joint public hearing of the Vinton Planning Commission and Roanoke County Planning Commission, held on December 7, 2009, both commissions recommended that each corresponding elected body, Vinton Town Council and Roanoke County Board of Supervisors, adopt the "Vinton Area Corridors Plan"'. and WHEREAS,a work session was held on February 2,2010,and a public hearing was held on February 16, 2010, before the `mown Council, and the Town Council concurred with the Planning Commission's recommendation, and THEREFORE,BE IT ORDAINED by the Council ofthe"fown otVinton,Virginia that the Vinton Comprehensive Plan be amended to adopt by reference the "Vinton Area Corridors Plan", as recommended by the Vinton Planning Commission and Roanoke County Planning Commission. Adopted on motion by Councilman and seconded by Councilman with the following votes recorded: AYES NAYS APPROVED: Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk 2 eount# goww& LD L ".1 PLANNING COMMISSION PUBLIC HEARING MINUTES DEC EMBER , 20 Roanoke County Commissioner's Present: =Mr. Steve Azar s. Martha Hooke r, Gary Jarrell r, Rodney McNeil r. David Radford Roanoke County 're rat: r. Philip Thompson, Secretary r. Joe Ob nshain, Senior Assistant County Attorney s. Melinda Cox, EconomicDevelopment s. Lindsay Blankenship s. Becky Mahoney lbs. Trnri Wood s. Tara Pattisall lbs. Susan Carter, Recording Secretary Town of Vinton Commissioners Present: Mr. David Jones lbs. Dawn Michelsen r. Charles Pace,J . Mr, Robert Patterson Town of Vinton Staff Present: s.. Anita McMillan, Secretary Ms. Censu lla Caudill, Assistant Town Manager s. Karla Turman Ms. Julie Tucei, Recording Secretary Guests- r. Brad Grose, Ton Mayor r. Wes Nance, Town Council Mr. Matt Miller, Roanoke Valley-Alleg any Regional Commission WORK.§.ESSION. r, Junes called the Town of Vinton meeting to order at t 5 p.m. s. Hooker called the Roanoke County meeting to order at ; 5 p.m, Vinton Corridors ears Plan r. Thompson provided a brief outline of the plea; noting Chapter 8 addresses future land use of the area. Ms. Blankenship reviewed implementation strategies. Ms. McMillan discussed funding available for downtown revitalization and development„ noting the Town of Vinton has been a member of the Main Street Community since 2004. Page 1 of t��]ROANOKE COUNTY PLANNING COMMISSION MINUTES December 7,2009 Mr. Jones stated some portions of the plan are not correct. He expressed concern regarding elderly citizens having access to the proposed plan information. Mr. Grose agreed it is a challenge to provide information to the elderly, noting most read information in the newspaper. Ms. Hooker stated she applauds staff for the development of the plan, noting it has been a huge undertaking. Mr. Azar stated the plan incorporates comprehensive studies conducted by joint governments. He discussed citizen outreach including the January 2009 Community Meeting which both elderly and younger citizens attended. Mr. Radford thanked staff members for participation in the compilation of information. Mr. Jarrell discussed the challenge of getting all ages involved in the process. Mr. McNeil reiterated that staff members from both localities have done a good job. He discussed being open to innovative ideas regarding citizen outreach. Ms. Hooker noted the meeting is a celebration of the development of the plan. Mr. Obenshain suggested utilizing RVTV for town meetings and announcements. Mr. Grose agreed citizens watch RVTV. Ms. Cox suggested providing Town of Vinton quarterly information sessions on RVTV. Ms. McMillan discussed information provided to the citizens regarding the plan. Both commissions and staff discussed meeting procedures. EVENING SESSION: Mr. Brad Grose, Mayor, Town of Vinton, gave the invocation and led the pledge of allegiance. 1. The Roanoke County Planning Commission and Town of Vinton Planning Commission will hold a joint public hearing on a proposed amendment to the Roanoke County Comprehensive Plan and the Town of Vinton Comprehensive Plan. The proposed amendment would incorporate the Vinton Area Corridors Plan into the Roanoke County Comprehensive Plan and the Town of Vinton Comprehensive Plan. Ms, Blankenship provided an overview and a PowerPoint presentation of the Vinton Area Corridors Plan, including Transportation, Bicycle and Pedestrian Accommodations, Community Facilities, Resource Preservation, Land Use and Development, Community Involvement, and Goals, Recommendations and Implementation Strategies. She reviewed maps, noting Scenario 4 is a compromise of various suggestions received regarding future land use. She discussed transportation including access management, bicycle and pedestrian accommodations, and public transportation. She discussed the implementation strategies including issues regarding proposed funding, the Blue Ridge Parkway, revitalization of downtown, the Vinton Business Center, and way-finding signage. Both the Town of Vinton and Roanoke County Planning Commission members expressed appreciation to staff members. Mr. Chris Craft suggested improving pedestrian walkways and access for the post office, renovating the library, and improving intersection near William Byrd High School, He discussed the importance of protecting natural resources and stormwater management. Ms. Janet Scheid, Greenways Planner, stated she has resided in the town for 22 years. She suggested including greenways in both the Community Facilities and Transportation sections to encourage pedestrians and bicyclists to commute in order to reduce car traffic. She suggested using safety islands on Hardy Road to assist greenway users when crossing from Wolf Creek Greenway to Tinker Creek Greenway. She discussed various sidewalk needs in the area. She suggested changing density requirements and Developing design guidelines for the Hardy Road area since transportation funding has been delayed on Hardy Road. Page 2 of 4 5-1. -,,,-) ROANOKE COUNTY PLANNING COMMISSION MINUTES Ll") �� � � V December 7,2009 Ms. Suzette Epperley, 414 Augusta Avenue, expressed concern regarding the area behind her property which has not been maintained. Mr. Azar requested staff discuss Ms. Scheid's concerns. Ms. Blankenship discussed Hardy Road improvements. Ms. Hooker inquired about the procedure to revise portions of the document if it is approved. Mr. Thompson discussed Comprehensive Plan update requirements, noting the corridor studies are part of updating the plan. Mr. McNeil stated it is a planning document not an implementation document. Mr. Leon McGhee, stated he was unsure if his property would be affected. He suggested notifying property owners if zoning changes. Ms. McMillan discussed this issue. Mr. Jones stated the planning departments have worked on this project one year to develop the best plan. Ms. Michelsen suggested notifying the property owners if zoning changes are made. Mr. Pace and Mr. Patterson concurred. Mr. Patterson inquired about notification procedures. Ms. McMillan discussed the notification process. Mr. Patterson thanked citizens, staff, and commissioners for their participation Mr. Jones closed the public hearing. Mr. Pace made a motion to recommend approval of the petition to the Town Council. Ms. McMillan called the roll and the motion passed (4-0)with the following vote: AYES: Jones, Michelsen, Pace, Patterson NAYES: None ABSTAIN* None Mr. Azar noted development of the plan began in January 2009. He discussed the citizen notification process. He stated he is comfortable with Scenario 4 although some portions of the plan may require minor revisions. Mr. Jarrell noted the plan may need some altering. Mr. McNeil stated he is in favor of the plan. Mr. Radford complimented the plan. Ms. Hooker concurred that it a good plan although it may need some changes, Mr. Azar made a motion to recommend approval of the petition to the Board of Supervisors. Mr. Thompson called the roll and the motion passed (5-0)with the following vote: AYES: Azar, Hooker, Jarrell, McNeil, Radford NAYES: None ABSTAIN: None Commissioners' Comments There were none. With no further business or comments, Mr. Jones and Ms. Hooker adjourned the meeting at 8:16 p.m. Page 3 of 4 December 7,2009 ROANOKE COUNTY PLANNING COMMISSION MINUTES Respectfully Submitted: Susan Carter Recording Secretary, Roanoke County Planning Commission Philip Thompson Secretary, Roanoke County Planning Commission Martha Hooker Chairman, Roanoke County Planning Commission Page 4 of 4 MINUTES OF THE JOINT WORK SESSION AND PUBLIC HEARING OF THE TOWN OF VINTON AND ROANOKE COUNTY PLANNING COMMISSIONS HELD ON MONDAY, DECEMBER 7,2009,AT 6 P.M.AND 7 P.M.RESPECTIVELY,AT THE VINTON WAR MEMORIAL,814 WASHINGTON AVENUE. JOINT WORK SESSION MEMBERS PRESENT: Dave Jones,Chairman C.W.Pace,Jr. Bob Patterson Dawn Michelsen,Vice Chairperson TON"COUNCIL,PRESENT: Brad Grose,Mayor Wes Nance,Councilman TOWN STAFF PRESENT: Anita McMillan,Planning and Zoning Director Karla Turman,Associate Planner/Code Enforcement Officer Julie S.Tucei,Planning and Zoning Coordinator OTHERS PRESENT: Martha Hooker,Roanoke County Planning Commission Steve Azar,Roanoke County Planning Commission David Radford,Roanoke County Planning Commission Gary Jarrell,Roanoke County Planning Commission Rodney McNeil,Roanoke County Planning Commission Philip Thompson,Roanoke County Community Development Lindsay Blankenship,Roanoke County Community Development Tammi Wood,Roanoke County Community Development Tara Pattisall,Roanoke County Community Development Rebecca Mahoney,Roanoke County Community Development Susan Carter,Roanoke County Community Development Melinda Cox,Roanoke County Economic Development Joe Obenshain,Roanoke County Senior Assistant Attorney Matt Miller,Roanoke Valley-Alleghany Regional Commission AGENDA L Call to Order IL Discussion of Vinton Area Corridors Plan Draft Document ILL Adjournment The joint work session of the Vinton and Roanoke County Planning Commissions was called to order at 6:18 p.m.by Vinton's Chairman Jones and Roanoke's Chairperson Hooker. Roll was called,and all Vinton and Roanoke County Planning Commissioners were present, Mr. Thompson began the work session with a brief introduction of the corridor study. He said he knew the document could be overwhelming. He mentioned that the actual document is to page 178,and fromthere arethe supporting documents. He turned the meeting over to Ms.Blankenship to continue the presentation. First,Ms. Blankenship highlighted the implementation strategies and schedule, a copy of which will be made part of the permanent record of this work session. She briefly went through each category on the schedule. Ms.McMillan also updated them on the Downtown Revitalization plan through the DHCD and the recently received RFP's VINTON AND ROANOKE COUNTY PLANNING COMMISSIONS WORK SESSION AND PUBLIC HEARING DECEMBER 7,2009 PAGE 2 from potential firms. She said they plan to begin the interview process with the firms in the next week and hope to have a contract signed by the beginning of 2010. She also updated them on the feasibility study on the Vinton Ford Motors property. Ms.McMillan said the study would be presented to Town Council at their next meeting. Following Nis,McMillan's updates,Ms.Blankenship asked ifthere were any questions,comments,or additions to the implementation Est. Chairman Jones asked what Ms. Blankenship planned for the public hearing. Ms. Blankenship stated that she would be giving a presentation that included a brief overview of each chapter of the study and also an overview ofthe implementation strategy. Mr.Patterson stated that he thought they had done a good job on the study. Chairman Jones mentioned that there are some items that need to be corrected prior to the final draft. He also mentioned that he was concerned about the elderly having access to the document since it was a web document, Chairman Jones asked if the Mayor thought the Town had left out any segments of the Vinton population in the process. Mayor Grose stated that it is always a challenge to get the word out to population segments such as the elderly. He said they do use the newspaper to help with notification. Next,Ms. Hooker opened the floor up to her commission for comments. First,she stated that she appreciated all the work that has been done on this project. Mr. Azar said he believes this to be one of the most comprehensive studies that had ever been undertaken by the Town and County. He said they have made efforts to include all segments of the population with the community meetings and stakeholder interviews. He congratulated both staffs for getting the document to this point. Mr.Radford agreed with Mr.Azar and also complimented both stags on their work. He mentioned that it takes a lot ofwork to get these studies together. He also stated that his father is 77 years old,and he still reads these types ofdocuments on the internet. Mr.Jarrell said he felt that there are a lot of elderly citizens who do not have access to the internet. Mr.McNeil applauded the staff ofboth localities on their efforts. He said that you can put out notices for people about meetings,but people will not become involved until it directly affects them. He stated that you cannot make people attend the meetings. Ms.Hooker said the efforts have been made to invite people to be involved and she looks upon tonight as a celebration of the study. Mr. Obenshain suggested that Town meetings could be broadcast on RVTV as a way to reach more citizens and get the word out. Mr. Azar asked if the County had the ability to do webeasts. Mr.Obenshain said there are funds available to enable the purchase of equipment for broadcasting meetings. Ms. Cox stated that she has an upcoming taping of a show that will mention the various corridor studies and she offered to give out contact information for the Vinton study on the show. Ms. McMillan mentioned that she had received two citizen comments about the study. One gentleman wanted copies of the map, and one just wanted to make sure his property was not being rezoned. She mentioned that they both said they appreciated the letter they received notifying them of the meeting. In other business,the commissions discussed how the public hearing would be held and limitations on the time that the public would be allowed to speak. Mr. McNeil suggested that they announce that people will have the opportunity to speak on the study, but to ask that they try to limit their comments to three minutes. With there being no further business,the joint work session was adjourned by Chairman Jones and Ms.Hooker at 6:50 p.m, to prepare for the public hearing at 7 p.m. VINTON AND ROANOKE COUNTY PLANNING COMMISSIONS WORK SESSION AND PUBLIC HEARING DECEMBER 7, 2009 PAGE 3 JOINT PUBLIC HEARING MEMBERS PRESENT: Dave Jones,Chairman C.W.Pace,Jr. Bob Patterson Dawn Michelsen,Vice Chairperson TOWN COUNCIL PRESENT: Brad Grose,Mayor Robert Altice Carolyn Fidler Wes Nance TOWN STAFF PRESENT: Consuella Caudill,Assistant Town Manager Anita McMillan,Planning and Zoning Director Mary Beth Layman, Special Programs Director Joey Hiner,Assistant Public Works Director Karla Turman,Associate Planner/Code Enforcement Officer Julie S. Tucei,Planning and Zoning Coordinator ROANOKE STAFF PRESENT: Martha Hooker,Roanoke County Planning Commission Steve Azar,Roanoke County Planning Commission David Radford,Roanoke County Planning Commission Gary Jarrell,Roanoke County Planning Commission Rodney McNeil,Roanoke County Planning Commission Philip Thompson,Roanoke County Community Development Lindsay Blankenship,Roanoke County Community Development Tammi Wood,Roanoke County Community Development Tara Pattisall,Roanoke County Community Development Rebecca Mahoney,Roanoke County Community Development Susan Carter,Roanoke County Community Development Melinda Cox,Roanoke County Economic Development Joe Obenshain,Roanoke County Senior Assistant Attorney Matt Miller,Roanoke Valley-Allegbany Regional Commission CITIZENS PRESENT: Chris Craft,Roanoke Aaron Lyles,Vinton Janet Scheid,Vinton Wayne Dunman,Vinton Esther Adcox,Vinton William Figart,Vinton Tiffany Rawling,Vinton Harold and Judy flariess,Vinton W.C. Butler,Vinton Tim Greenway,Vinton VINTON AND ROANOKE COUNTY PLANNING COMMISSIONS WORK SESSION AND PUBLIC HEARING DECEM13ER 7, 2009 PAGE 4 CITIZENS PRESENT(cont.): Keith Lafferty,Vinton James Privitera, Vinton Susan Teass, Vinton L.T.McGhee,Roanoke Gayette Epperly,Vinton Ann Huddleston,Vinton Tommy Wood,Vinton Randy and Marie Flippen Doug Forbes,Vinton AGENDA L InvocationlPledge of Allegiance IL Call to Order III. Public Heating—Vinton Area Corridors Plan Draft Document IV. Citizens' and Staff Comments V. Adjournment The joint public hearing of the Vinton and Roanoke County Planning Commissions was called to order at 7:00 p.m,by Chairman Jones and Chairperson Hooker. Roll was called and all Vinton and Roanoke County Planning Commission members were present. Vinton's Mayor,Bradley Grose,gave the Invocation and led the Pledge of Allegiance. The first item on the agenda was the joint public hearing on a proposed amendment to the Roanoke County Comprehensive Plan and the Town of Vinton Comprehensive Plan.The proposed amendment would incorporate the Vinton Area Corridors Plan into the Comprehensive Plans ofboth Roanoke County and the Town ofVinton. Chairman Jones thanked everyone for attending the public hearing and stated that he knew their time was very valuable. Chairman Jones asked staff to present the corridor plan overview. Ms.Blankenship first recognized County and Town staffwho worked on the study. She stated that everyone would have the opportunity to make comments during the public hearing after her PowerPoint presentation. She also stated that they can call staff if they have any questions during regular office hours. In her presentation,she gave an overview of each chapter of the study. A copy of the presentation will be made a part of the permanent record of this meeting. The presentation covered: Chapter I-Introduction ofthe approximately 7.5 miles of corridors in the study,Chapter 2- Transportation;Chapter 3-Bicycle and Pedestrian Accommodations;Chapter 4-Community Facilities;Chapter 5- Resource Preservation;Chapter 6-Land Use and Development;Chapter 7-Community Involvement;Chapter 8- Goals, Recommendations, and Implementation Strategies. Chapter 8 included the chart of implementation strategies, a copy of which will be made a part of the permanent record of this meeting, Ms.Blankenship also presented a fist ofproposed funding sources. She briefly mentioned the CDBG for downtown revitalization that the Town had applied for and received. Lastly, she gave an overview of the adoption process for the corridors plan,with the implementation to follow adoption of the plan. Chairman Jones thanked Ms.Blankenship for her presentation and also thanked County staff for all their hard work on it. Ms. Michelsen said they had done an excellent job and that they appreciated the hard work. Mr.Patterson congratulated the staffs ofboth localities on the plan. Mr. Pace mentioned that it had been a phenomenal process. Chairman Jones asked for additional comments from the Vinton Planning Commission. There were no further comments so he turned the meeting over to Ms. Hooker, She began with Mr, Azar. Mr. Azar thanked those in attendance for coming out to be a, VINTON AND ROANOKE COUNTY PLANNING COMMISSIONS WORK SESSION AND PUBLIC HEARING DECEMBER 7, 2009 PAGE 5 part ofthe process. He stated that this plan was for them and that is why the Commissions are here. He said the staff had done excellent job on the plan. Mr. Jarrell said there was a lot ofwork that had been put into the plan, and he looked forward to the citizens'feedback on it. Mr.McNeil echoed their comments. He thanked those in attendance for coming out to be a part ofthe process. Mr. Radford said he represents the western part ofthe County. He stated that his father built Maywood, and he feels a real connection to the community. He said he was looking forward to the comments from the citizens tonight. Ms.Hooker stated that this is a celebration of the work that has taken place in this process. She said the document is probably not a perfect document,but is probably pretty close. Next on the agenda was the citizens' comments time. Chairman Jones mentioned that they want to hear from everyone who wanted to speak, but would like to keep the comments to three minutes for each speaker. He stated that they had five people sign up to speak. Chairman Jones asked that they identify themselves,as well as their address,prior to speaking He said they would first hear from the five people who signed up to speak,and then open it up to others wishing to speak. He asked that each person use a microphone when they speak Ms. McMillan suggested they use the podium. Mr. Chris Craft was first on the Est. He stated he is not a resident of Vinton,but he comes to Vinton quite often to go to the library and post office. He stated he liked the suggestions for the post office improvements,improvements to the gateway signs,and improvements to the infrastructure. He said he hopes they will also consider renovating the library. He also liked the idea of taking down the large power poles in downtown and using smaller ones, He mentioned the proposed improvements to the William Byrd area and to the River Park shopping center. Because he is on the regional stormwater committee,he asked that they protect the rivers and streams in the area. Next to speak was Janet Scheid: She thanked Chairman Jones and Ms. Hooker. Ms, Scheid stated that she has lived in Vmton on Wolf Creek Drive for more than 22 years, She said the Town is great place to live. She thanked the town and county stafffor the enormous amount ofwork they put into this plan, She mentioned that she is the greenway planner for the County. For the plan,she asked that they consider the transportation aspects ofthe greenways rather than just viewing them as community facilities. She said they increase the capacity and safety for walkers and bikers and reduce the number of cars on the roadways, She asked for improvements to Hardy Road for people to get across it to get to the greenway, perhaps adding a crosswalk or island in the road. She asked that the sidewalks in the Town be improved to allow connection of the Wolf Creek Greenway to Tinker Creek Greenway. She urged them to be more specific as to the sidewalk improvements that are to be made. She said Bypass Road needs sidewalks for connection ofHardy Road and Washington Avenue. She also discussed Hardy Road from a personal standpoint. She said Hardy Road maybe the worst corridor in this part ofthe County. She said it is acknowledged that there is a poor level of service on Hardy Road. She pointed out that frontage parcels along Hardy Road are proposed to be upgraded to more intense land use designations. She recommended that it be reconsidered since Hardy Road is no longer on the VDOT six-year plan. She urged that there be no changes along Hardy Road, She mentioned that she would Eke to see some design guidelines to go along with changes that are recommended, including for new entrances onto existing roadways. She said everything needs to be done in a cohesive manner. She thanked them and said she appreciated all the work that had gone into the plan. Next on the Est was Wayne Dunman. He deferred, as did Esther Adcox and William Figart. Chairman Jones asked if anyone else who had not signed up would like to speak. Ms. Suzette Epperly who fives on Augusta Avenue behind Famous Anthony's Restaurant spoke next. She said she is all for beautification ofthe properties in the Town. However,she mentioned that she has complained about the property behind Anthony's,which she stated has not been mowed for three summers. She said it is overgrown with brush,honeysuckle,and weeds. She said each time she complained,there was no action taken and was told none would be taken. She pointed out that another restaurant,Bojangles,takes good VINTON AND ROANOKF, COUNTY PLANNING COMMISSIONS WORK SESSION AND PUBLIC HEARING DECEMBER 7, 2009 PAGE 6 cue of its property. She said it is a violation of the Town Code to have weeds over twelve inches tall, She mentioned that they also have groundhogs that five in the overgrown area. She asked for their consideration of this matter. Chairman Jones asked if anyone else would like to speak. No one did. He asked for further comments from the Vinton Planning Commission,and there were none. Ms.Hooker asked for comments from the Roanoke County Planning Commission, beginning with Mr. Azar. Mr. Azar asked for gaff to come to the podium to elaborate on Ms. Scheid's concerns about the greenways,and the future land use designation along Hardy Road. Ms. Blankenship said they can adjust the plan in accordance with the Planning Commissions' wishes. Ms.Hooker said she would hate for the document to be delayed in any way and asked how difficult it would be to revise the document after it is approved, Mr. Thompson said the comprehensive plan is updated every five years,but most plans included in the comprehensive plan will not be updated that frequently. Mr.Azar asked what the preferred method was for making the changes. He asked if they should consider taking action at the Planning Commission's next work session on possible revisions. Mr. McNeil stated that this is a planning document, not an implementation document. He said it is a vision of what they want to see in place down the road. He said the document outlines plans,but does not necessarily mean changes will take place. Ms.Hooker stated that was all ofthe Roanoke County Planning Commission's comments. Chairman Jones started to close the public hearing,but Mr.Leon McGhee requested to speak. He stated that he owns properties on Hardy Road and is also a realtor in the area. He said he received the notice in the mail about the meeting,and he stated that he has no idea what is being done with this plan. He asked that the Town take more time if they are changing the zoning or uses of properties along the corridors. He said people usually find out later about such changes,and he feels that business and property owners should know in advance of changes to the plans for their properties. Chairman Jones asked for staff comments on Mr.McGhee's comments. Ms.Blankenship gave a briefhistory on the area along Hardy Road near Mr.McGhee's properties regarding the zoning. Chairman Jones stated that they had been at this process for nearly a year with many opportunities for input and that this is just a plan with no changes being made tonight. Ms. Michelsen stated that it made sense to her to notify property owners of changes. Mr. Patterson agreed. Mayor Grose spoke next. He asked Ms. McMillan to correct him if he was wrong. He said if there is a rezoning for a property the owner and surrounding owners are notified of the change(s). He said the Town also notifies an extra layer of property owners, not required by Code, Ms. McMillan confirmed that property owners and adjoining property owners are notified by mail of zoning changes. She stated that individual owners do not have to be notified for comprehensive plan amendments. Mayor Grose said he feels the plan is very good. He thanked staff and both Planning Conunissions,for their hard work on the plan. Chairman Jones closed public hearing at 8:05 p.m. Next on the agenda were the comments of the Planning Commissioners and staff. Mr.Jones asked for Vinton Planning Commission comments, and there were none. Ms. Hooker asked for Roanoke County Planning Commission comments. Mr.Azar began with his comments. He stated that it had been a very long process. He said it was unfortunate that some felt that they were not notified of the meetings and of the plan. However,he said they are open to suggestions as to how they can do a better job and welcome any comments. He mentioned that the plan may need to be tweaked a bit before a recommendation is made. Mr.Jarrell agreed with Mr.Azar in that there had been a lot of work put into the plan and also that some tweaks may be necessary, He said it is a good plan, not perfect, but good and is just a plan. Mr, McNeil agreed and said he hadn't heard any specific complaints about properties and changes to land use. He said he does not have a problem voting on the recommendation this evening, Mi.Radford agreed with his fellow members. He said it is more of a plan rather than a rezoning,and he was in favor of going forward with a recommendation, Ms.Hooker concurred with Mr. Radford. She said the plan is not set in stone and that this will be just a recommendation to Town Courted and VINTON AND ROANOKE COUNTY PLANNING CONMSSIONS WORK SESSION AND PUBLIC HEARING DECEMBER 7, 2009 PAGE 7 the Board of Supervisors. She stated that this is not the final say on the plan. Chairman Jones asked for a motion from the Vinton Planning Commission. Mr. Pace made motion to move forward to Town Council with the plan. Mr. Patterson seconded the motion. A roll call vote was taken and all members voted in favor of the motion. For the Roanoke County Planning Commission,Mr. Azar made a motion to adopt the plan with scenario 4— (there was no second for the motion), A roll call vote was taken and all members voted in favor of the motion, Chairman Jones asked for any additional comments from those in attendance. There were no addition comments from attendees. He then asked for comments from the Vinton Planning Commission,and there were none. Ms, Hooker asked for final comments from the Roanoke County Planning Commission. Mr.Azar thanked everyone for coming out to the meeting. Chairman Jones stated that it had been a good celebration and also thanked everyone for attending. The meeting was adjourned at 8:13 p.m. Respectfully Submitted, Anita McMillan Planning Commission Secretary Town ofVinton Special Event Policy & Instructions Thank you for your interest in holding a special event in the Town of Vinton. Encloses are the materials "needed to obtain s Special Event Permit for your upcoming event. Please follow the application directions very carefully. These first three pages should be removed from the completed application and kept by the event coordinator for reference. Also, an application checklist is included on page four of the instructions for further assistance. Some of the information will not apply to your specific event. However, no Special Event Permit will be issued without submittal of a signed application (See the bottom of rage 5 and o of the application) and requested documentation.entation. Your event roust have final approval of the Town of Vinton staff'and Town Manager and in some cases the Town Council: Your event will be assigned to the Special Programs Director who will assist you throughout this process d will he your primary contact. You will be notified by your primary contact person if your event requires additional permits such as : tent permit, temporary food permit,electrical pen-nit,or liquor license permit,which roust be obtained before you can receive a Special Event Permit, Requirements rements and Conditions 1. Compliance with Town ordinances. The applicant shall comply with all applicable Town ordinances, cedes, conditions, and requirements as well as all state and federal laws. . Compensation for gown Staffing. Depending on attendance and needs, the Town may require Town personnel including Police, =EMS, Tire, and Public Works at the function. All Town personnel involved in advance of, during and after, the day(s) of the event may be charged Back to the sponsoring agency. e Town shall determine the number of personnel necessary to ensure the safety of participants, minimize the inconvenience to our residents, ensure the success of the event, and reduce the public liability exposure to the sponsoring agency as well as the Town. The hill will he transmitted to the sponsoring agency within thirty t3 days after the completion of the event. . Food and Beverage Service. No food or beverages shall he sold or given away at the outdoor event, unless approved by the Virginia Department of Health. 4. Electrical Power. The Town will provide reasonable amounts of electrical power, if available. if not readily available, the event organizer should snake provisions for electrical power for its specific needs. .Miscellaneous a. Street closures are generally not permitted )Monday to Friday from 6 a.m. to 6 p.m. to minimize inconvenience to downtown residents and businesses: b. The Town of Vinton is not responsible for any accidents or damages to persons or property resulting from the issuance of a Special Event Permit, c. The Special Event Permit is non-transferable and can only be used on the designates) dates and times as printed and is rewired to be posted on site during the event. d. The Town of Vinton reserves the right to suspend, canceland/or reschedule events. DRAFT##3 Created on I l l/2010 1 The event coordinator is responsible for ensuring that the organization and all participants and spectators abide by all the above conditions, ordinances, codes, and requirements. 1) Purpose It is the purpose of this document to establish a process for permitting Special Events conducted on Town streets,, public property, or facilities. It is recognized that these Special Events enhance Vinton's quality of life and provide benefits to the citizens through the creation Of unique entertainment venues that are not normally provided as a part of governmental services. Additionally, it is recognized that tax-exempt, non-profit organizations that benefit the community are central to the quality of life in Vinton. From time to time, it is necessary through holding their special events; these organizations gain the resources to provide essential services to the citizens of the Town of Vinton. It is further intended to provide coordinated policies for the regulation of certain activities to be conducted in conjunction with special events, to ensure the health and safety of patrons, to prohibit illegal activity from occurring within these events, and to protect the rights and interests granted a Special Event Pen-nit. it is further intended to create a mechanism for cost recovery for special events without having an adverse effect on those events that contribute economically and socially to the community. 11) Definitions As used in this policy: (a) "Special Event" means an activity that meets any one of the following definitions: Any activity sponsored by an organization or individual for profit or non-profit, other than the Town of Vinton, held on public property and designed for entertainment, competition, amusements or social, ethnic, religious and/or cultural awareness that: 1) requires restricted or exclusive use of any portion of public property, including but not limited to roped lawn areas, stages, tables, bleachers, tents, temporary barriers and/or boundaries; and/or 2) impedes the normal flow of traffic; and/or 3) impedes the enjoyment or use of the property by the general public; and/or any organized activity conducted by a person, organization or company on any public property or facility that plans to sell alcoholic beverages. Such events require a Special Event Pen-nit issued by the Town. (b) "Commercial Special Event"means any Special Event organized and conducted by any person, organization or company that does not qualify as a Tax-exempt Non-profit Organization or governmental agency. (c) "Nan-Commercial Special Event" means any Special Event organized and conducted by a person, organization or company that qualifies as a Tax-exempt Non-profit Organization. (d) "Town-Sponsored Special Event" means any Special Event directly organIzed and conducted by the Town of Vinton or any Special Event organized by a Non- Commercial Event Organizer that the Town has elected to support through DRAFT#3 Created on 2/11/2010 2 appropriation of funds within the Town's budget, Please see Addendum lfbr the list o recognized events. f - (e) "Town Support Services"Services provided by the Town of Vinton to ensure that a special event is conducted in such a way as to protect the safety, health, property and general security of the public and integrity of public grounds. Services may include security/police, public works, set-up, clean-up, event consulting etc. "Special Events Director" Staff person, or designee, responsible for overseeing the application process and obtaining acceptance or denial based on input from appropriate Town departments, The Special Events Coordinator will act as a liaison between the Event Organizer and affected departments within the Town of Vinton as may be necessary. (g) "Event Organizer"Person/s designated as the authorized head of the organization or individual responsible for the proposed event (It) "Public Assembly"Any meeting, demonstration, picket line, rally or gathering as defined by the ToWD'S Ordinance that does not require restricted or exclusive use of any portion of a facility as a Special Event. (i) "Ticketed Event" Any Special Event in/on a Town facility/property that requires a fee to be paid by a patron to enter or participate in the event. Examples of Special Events include, but are not limited to, concerts, parades, circuses, fairs, festivals, community events, mass participation sports (such as, marathons and running events, bicycle races or tours, etc.). (k) "Cost Recovery" means direct payment by an Event Organizer to the Town in compensation for the direct costs of Town Services incurred during the Special Event. (1) "Special Event Permit" means a pen-nit issued by the Town which authorizes the use of a public property or facility for a Special Event. (m)"Special Event Venue or Event Venue" means that area for which a Special Event Pen-nit has been issued. (n) "Street" means a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. (o) "Tax-exempt Non-profit Organization" means an organization that is exempted from payment of income taxes by federal or state law. (p) "Vendor" means any Person who sells or offers to sell any goods, food, or beverages within a Special Event Revenue. DRAFT 43 Created on 2/11/2010 3 (q) "Gross Revenues" means the sum of all revenues received by an Event Organizer for a Special Event, including, but not limited to, cash receipts, licensing, sponsorships, advertising and similar revenues, and concessions. (r) "Alcoholic Beverage Event" means an organized activity conducted by a person, organization or company on any public property or facility, identified in this document as a town owned property, which plans to sell alcoholic beverages. (s) "Beer/Wine/Beverage Garden" a defined area for serving and consuming beer and/or wine during an approved Special Event. (t) "Admissions Tax" tax levied on the price of admissions for any public amusement, entertainment, performance, exhibition, sport or athletic event occurring in the town. 111. Criteria for Evaluation The criteria for evaluating and scheduling community festivals and special events are as follows: • Completeness of application and event layout, • Impact and cost of the event on public health, welfare and safety. • Impact and cost of the event on Town support services. • Impact of the event on the environment. • Frequency of the same or similar event(s) as well as potential conflicts with previously approved events. • Impact on the surrounding businesses or residences. • Ability for the location to remain open to users. • Perceived benefit of event for Town of Vinton community. • Likelihood of participation by Town of Vinton citizens. • Previous history of event organizer in facilitating special events. • Ability of event organizer to achieve goals set forth for special events. All applications shall be submitted to the Special Events Director. The Town will review for completeness and appropriateness and issue a written approval or denial of the application within 30 days of receipt of a complete application. The Town Manager is empowered to approve or deny the application based on the Town's evaluation criteria. Approval may include conditions or stipulations intended to address or mitigate any potential issues. Written appeals to decisions made by the Town Manager may be presented to Town Council, within 15 calendar days of said decision. All written appeals shall be heard by Town Council in its normal course of business within 45 days from receipt. The Town's failure to comply with the above mentioned timeframes will not allow an applicant to use a facility; these timeframes shall serve as a guideline to keep the process moving. IV. Classes of Special Event Permits DRAFT#3 Created on 2/11/2010 4 Class A Permit: A special event that is expected to draw an approximate number of spectators and participants that is more than 5,000 persons within a consecutive 24-hour time period. Class B Permit: A special event that is expected to draw an approximate number of spectators and participants that is between 2,501 and 5,000 persons within a consecutive 24-hour time period. Class C Permit: A Special Event that is expected to draw an approximate number of spectators and participants that is between 2,001 and 2,500 persons within a consecutive 24-hour time period. Class D Permit: A Special Event that is expected to draw an approximate number of spectators and participants that is 2,000 persons or less within a consecutive 24-hour time period, Class E Permit: An event held at the Vinton War Memorial regardless of the number of people, Vinton War Memorial contract and rental fees will apply. The Town reserves the right to be the final authoriti;regarding estimates of attendance. V. Application Process The Town of Vinton Events Director must receive a completed special events application, event layout, and all fees if applicable no less than 90 days if alcohol will be served or a Class A or B pen-nit is requested and 45 days for non-alcohol or Class C, D, or E Pen-nit, and no more than 12 months prior to the proposed event. Applications should be mailed or delivered to: Town of Vinton, Special Events Director, 311 South Pollard Street, Vinton, Virginia, 24179 A. Fees Fees and Deposits are as follows (to be paid at least 45 days prior to event): CLASS PER NONREFUNDABLE REFUNDABLE INSURANCE EVENT FEES DEPOSITS/ REQUIREMENTS FEES Permit Fees Town Charges Other Charges Combined single- (Damage, etc) limit per occurrence CLASS A $2,000 TBD $1,000 $1,000,000 CLASS B $1,000 TBD $1,000 $1,000,000 CLASS C $ 500 TBD $500 $1,000,000 CLASS D $ 300 TBD $500 $1,000,000 CLASS E $ 300 TBD 25% of rental TBD Checks Payable to: Town of Vinton (The permit fee and deposit.fees should be submitted on separate certified checks, cashiers checks, money orders or cash only.) DRAFT#3 Created on 2/11/20 10 5 The Pen-nit and Staff Fees are non-refundable. Other Fees and Deposits will be returned in full provided that the property is left in appropriate order and no damage is reported. Failure to comply will result in loss of deposit, liability for repair and/or additional clean up fees as determined by the Town, as well as potential denial of future applications. VI) Town Owned Venues for Special Events All Special Events are permitted only at the following public Event Venues: Farmer's Market, Vinton War Memorial Building and/or grounds, Vinton Municipal Building and/or grounds, Wolf Creek Greenway. Downtown streets including and limited to: o Lee Street o Portions of Walnut Avenue o North and South Pollard Street o Portions of Maple Street o Portions of Washington Avenue 9 Certain Streets identified for Neighborhood Block Parties or Neighborhood Watch Group meetings V11)) Issuance of Town Services for Special Events The Town mq), provide services for a Commercial or Non-Commercial Special Event, if provisions are made with the Event Organizer for Cost Recovery. The Town may provide services in direct support of a Town-Sanctioned Special Event. Such support will be in the form of relief from all or a portion of Town Services costs. An Event is granted Town-Sanctioned status only when approved by the Town Council. The Town will provide services in direct support of a Town-Sponsored Special Event, if the funds to offset Town Services costs are within budget limitations of the Town and if the Town Manager finds that a public purpose will be served. The Town reserves the right to determine necessary staff requirements. Support of Town staff(i.e. Police—security and traffic or Public Works - clean-up and set-up) beyond their normal daily routines may be obtained by noting a request for assistance on application. Additional costs beyond the permit fee and refundable deposit will be quoted based on estimated hours of service and availability; however, applicant will be responsible for actual hours of service required. If there is no request noted on application, event organizer will be responsible for obtaining necessary staff, as approved by Town, to ensure proper event management and abiding by all policies and guidelines. Whenever a Special Event is conducted without a Special Event Permit when one is required, or an Event is conducted in violation of the terms of an issued Special Event Pen-nit, the Event Organizer shall be responsible for, and the Town shall charge the Event Organizer for the cost of all Town Services. VIII) Use of Town Logo or Name DRAFT#3 Created on 2/11/2010 6 Prior authorization from the Town Manager is required for an Event Organizer to use the words, "The Town of Vinton" or "Town of Vinton" or a facsimile of the official logo of the Town of Vinton, in the title and/or promotional materials of a Special Event. The Town does not authorize use of its logo for any portion of an event that promotes alcoholic beverage consumption. IX) Effect of Receipt of Donations on Status of tax-exempt Non-Profit Organizations A tax exempt non-profit Organization sponsoring a Non-Commercial Special Event may acknowledge the receipt of cash or in-kind services or goods, donations, prizes or other consideration from for-profit organizations without causing the Event to be considered a Commercial Special Event. Such acknowledgment may include use of the name, trademark, service mark or logo of such a for-profit organization in the name or title of the Event or the prominent appearance of the same in advertising or on collateral material associated with the Event. X) Ticketed Events For all ticketed events, the organization shall abide by the Town of Vinton Ordinance regarding Admissions Tax (Article VI of the Town of Vinton Code of Ordinances) and State law references: Excise tax on admissions, Code of Virginia, § 58.1-3840. The Town reserves the right to conduct an audit of applicant's revenue in order to verify amount to be paid to Town. XI) Insurance A comprehensive liability insurance policy with at least one million dollars ($1,000,000) combined single limit coverage per occurrence for bodily injury and property damage with an endorsement naming the Town of Vinton, specifically and separately, as an additional insured under the policy is required. Do not include any specific department or person. A certificate of insurance is to be provided to the Special Events Director no less than 14 days prior to the scheduled event. If an event is approved, it will be approved pending receipt of the insurance certificate. The insurance agency must be licensed to do business in the state of Virginia. The company providing insurance must provide at least thirty (30) days written notice of cancellation or termination, if such cancellation or termination of the policy is to occur prior to the indicated expiration date on the face of the certificate. In the event of any changes or cancellation in the policy, the Town of Vinton must be notified by certified mail. XII) Release and Indemnity Each applicant must execute the attached release and indemnity agreement. Applicants must demonstrate that they are either personally or organizationally responsible for liability, will guarantee orderly behavior/will underwrite any damage due to use of the premises. Liability is assumed by the applicant in regard to any personal or property damage rising out of activities of the applicant. It is the responsibility of the applicant to read the application form completely and understand fully his/her responsibilities, DRAFT#3 Created on 2/14/2010 7 XIII) Parking Participants must adhere to all parking regulations. For Fanner's Market events, public parking is available along Lee Avenue, parking lot between the Vinton Post Office and Farmer's Market and behind the municipal building during non-business hours. Event organizer must secure additional parking for larger events as well as transportation/shuttle routes for off-site parking, both of which must be approved by the Town of Vinton. Event organizer may not charge for parking in public spaces. All printed publicity must include a diagram indicating available parking, The Town will help the event organizer to make every reasonable attempt to accommodate ADA request/needs. XIS') Alterations to Facilities Alterations to facilities including the attachment or installation of decorations and displays are prohibited unless written permission has been received from the Town. Construction and installation of special service facilities must be approved in writing prior to the event. Damage to any structure or plant material will be billed to the organization at full replacement cost. The Town withholds the right to regulate placement and method of placement of items or structures in any Town facility. Any tents erected must be secured with a weight system and shall not be secured with stakes or any other means that would require installation into asphalt. XV) Revocation of Permit The Town shall have the authority to revoke any pen-nit upon violation of the conditions set forth herein and/or where staging of the event would have an immediate and adverse effect on the welfare and safety of persons or property. The Chief of Police or his or her designee shall have the authority to close any event immediately upon violation of conditions set forth herein or to preserve safety of persons or property. XVI) Modification of Policies The Vinton Town Council reserves the right to waive, modify, and/or amend said Policies, partially or in its entirety, at any time solely at the Town's discretion. This may occur by formal written action of the Town Manager or Town Council. DRAFT#3 Created on 2/11/2010 8 Addendum 1 List of Recognized Town-Sponsored Special Events These events are recognized by the Vinton Town Council as official Town-Sponsored Events and are exempt from event pen-nit, non-refundable Town Charges, and refundable deposits fees. The Event Organizer is still required to submit a Special Event application. (See Page 5 of the Special Event Policy and Instructions) • 4"' of July Celebration • Town of Vinton Sponsored Events • Halloween Downtown Trick or Treat Vinton Chamber of Commerce Christmas Parade • Vinton Chamber of Commerce Fall Festival • Vinton Dogwood Festival presented by the Vinton Dogwood Festival Board of Directors • Gladetown Reunion • Neighborhood Block Parties(with notification to the Town Manager) Neighborhood Watch Group functions (with notification to the Town Manager) DRAFT#3 Created on 2/11/2010 9 Addendum 2 XIV) Alcoholic Beverages at Special Events Alcohol sales and consumption is pen-nitted only with consent from the Town Staff and Town Manager in accordance with this policy. Please note that this process can be lengthy (may exceed 60 days), so plan accordingly. Contact the Town's Special Events Director for the actual date your written request is required. It is the event organizer's responsibility to present the request to Town Staff and to attend any meetings and monitor the process. All required licensing and insurance pertaining to the serving of alcohol must be obtained by the event organizer, In General: The following guidelines are for all Special Events that include serving of alcoholic beverages. The purpose of this policy is to: Z Ensure public safety R1 Prevent under-age possession of alcohol P Prevent under-age consumption 10 Ensure adequate observation to help prevent intoxication P Ensure compliance with Virginia Alcohol Beverage Control regulations 1) Serving and consumption of beer and/or wine only, is permitted at Special Events held at the following Town-owned Event Venues @ Fan-ner's Market or Vinton War Memorial 10 Downtown streets including and limited to: Lee Street Portions of Walnut Avenue North and South Pollard Street Portions of Maple Street . Portions of Washington Avenue 2) Any Special Event held on Town-owned property serving beer and/or wine shall have a defined area for serving and consuming beer and/or wine. This defined area, referred to as a Beer/Wine/Beverage Garden, and may include a portion of or the entire Event Venue, 3) The Event Organizer must obtain the appropriate license from the Virginia Department of Alcohol Beverage Control (VDABC) and must conforni to all rules and regulations specified by the VDABC for these events. 4) All Beer/Wine/Beverage Gardens will have Town of Vinton law enforcement officers present during the serving and consuming of beer and/or wine, The Town will determine the number of law enforcement personnel required. 5) Alcohol Beverage Control training seminars are available"as requested"or"regularly scheduled" basis for all Special Event Organizers planning to sell beer and/or wine at DRAFT#3 Created on 2/11/20 10 10 an event. This training is mandatory for Event Organizers and their key Event Supervisors. All beer and/or wine serving locations must have at least one trained Event Supervisor present during the sale and serving of beer and/or wine. The training program required is a specific education program titled "Prevent Underage Sales". A Training Packet is available through the Alcohol Beverage Control, 6) All Special Events approved to sell beer and/or wine must provide, prior to the Event, training for the frontline event staff and volunteers responsible for selling and serving beer and/or wine. 7) All event volunteers and staff members engaged in any aspect of serving beer and/or wine (which includes but is not limited to checking ID's, ann banding, ticket sales, serving and monitoring) are prohibited from consuming alcohol during the event. This includes any server who completes their shift and is requested to return to duty, 8) The Applicant of the Alcohol Beverage Control license, or the Event Organizer in charge, must be present at the Event Venue during the entire event. The Town requires that every event organizer clearly display the name or names of their event's Event Supervisor(s) and leaders in the Beer/Wine Garden during the entire Event. 9) The Event Organizer is solely responsibility for assuring that the Beer/Wine/Beverage Garden is properly supervised and that its event staff has been properly trained to serve such beverages as well as understands that it is against the law of the Commonwealth of Virginia to sell alcoholic beverages to anyone who is less than twenty-one years of age, to anyone that the server knows, or has reason to believe, is intoxicated, or to anyone who has been forbidden to possess alcohol by a court of competent jurisdiction. The Event Organizer is responsible for advising the servers that they could face criminal charges for serving alcohol to any above-described person. 10)The Event Organizer must implement a system of identification and distribution as approved by the Virginia Department of Alcohol Beverage Control that effectively monitors the consumption of each event attendee. 11) The Event organizer is solely responsible for determining and controlling access of those individuals under the age of twenty-one in the defined Beer/Wine/Beverage garden. The Event Organizer shall advise the Town at the time of application submission, of the intent to pen-nit or restrict access to individuals under the age of twenty-one in the defined Beer/Wine/Beverage Garden. 12)Serving of beer and/or wine shall end no later than 30 minutes before the end of any Special Event. 13)The Town of Vinton reserves the right to deny, cease or restrict, in any manner deemed appropriate, either prior to or during a Special Event the serving or consumption of beer and/or wine. Factors governing this decision will include: DRAFT#3 Created on 2/11/20 10 11 Z Proposed Event Venue layout & site plan W Number of proposed beer and/or wine serving locations W Anticipated and/or actual number of event attendees W Nature of the event RI History of the event 2 Duration of the event W The Event Organizer's ability to provide sufficient event staff R Ability of the event staff to monitor and control under-age consumption Z Concern for public safety R Evidence of non-compliance with Virginia Alcohol Beverage Control laws and license. Event Organization Responsibilities Before/During/After the Event Event Setup: During normal working hours, Monday through Friday, the Town will stage needed barricades, cones, tables, chairs, etc. within the Farmers Market area in preparation for the scheduled event. The Event Organizer shall be responsible for set-up before the event and for take-down after the event. At the conclusion of the event, all items shall be returned to the staging location within the Farmers Market area for pickup by the Town during non-nal working hours. Cleanup: During normal working hours, Monday through Friday, the Town will stage needed refuse containers (55-gallon-size) within the Fanners Market area in preparation for the scheduled event. The Event Organizer shall be responsible for providing 55-gallon plastic bags for the containers and shall be responsible for emptying containers as needed during the event and at the conclusion of the event. All refuse shall be disposed of by the Event Organizer in the dumpster located within the Farmers market area. The Event Organizer shall also perform general cleanup of the Fanners Market area to collect and dispose of any trash and debris generated during the event, Recycling: The Town promotes and practices recycling as a good responsible green practice with significant benefits to the environment. At the Event Organizer's request the Town will provide containers for collecting recyclables. Acceptable recycling items include aluminum cans, tin cans, and plastic bottles, such as beverage containers. These recyclables are the only items that the Town can presently collect. During normal working hours, Monday through Friday, the Town will stage needed recycling collection containers within the Farmers Market area and will remove the containers after the event. The Town encourages the Event Organizer to use recyclable materials and biodegradable items at their event to promote sustainable, environmentally friendly practices. Restrooms: The Town will stock restrooms with paper hand towels and toilet tissue prior to the scheduled event. The Event Organizers shall be responsible for maintaining an adequate DRAFT#3 Created on 2/11/2010 12 supply of towels and tissue in men's and ladies restroonis during the event; and for providing restroom cleanliness upkeep if needed. Tobacco Use: The Town encourages a smoke free life style at work and recreation, including during public events. However, if Event Organizers choose to pen-nit smoking at their event, then they shall be responsible to provide safe suitable receptacles for smokers use during the event. At the conclusion of the event, the Event Organizer shall be responsible for cleanup and safe disposal of cigarette butts and ashes, etc. Security, Identification and Crowd Control Requirements for the Event SECURITY: • A minimum of two (2) Vinton Police Officers will be assigned to an event. Additional officers may be assigned depending on the type of event and the anticipated size of the crowd expected based on similar events in the past. • The event sponsors shall provide adequate staff to monitor the crowd, report problems, check ID's and issue identification credentials to those meeting requirements to purchase alcohol. Event staff must be dressed in such a manner to be easily recognizable to police personnel and to persons attending the function. • Event staff will Dave a direct means of communication with the police officers at the event. CROWD CONTROL: The area that has been pre-planned for the event shall be set up in such a manner as not to unduly restrict the free movement of attendees. Methods to ensure this include sectioning the area of the event in such a way that it can be expanded if the crowd increases. • The post office complex will be allowed free access and egress by patrons. Appropriate barricades, cones and signs will be set up by Public Works personnel and according to a pre-plan. PATRON IDENTIFICATION: • Event staff will ensure that all persons meeting the requirements to purchase alcohol will be identified by some means to make it obvious to police personnel and event staff. Such identification will be placed in such a manner and designed to be easily observed and verified to be authentic for the event. Event staff will check ID's to verify the persons date of birth and ensure that the person is age 21 or older in order to issue identification that allows the purchase of alcohol. The ID presented must be all official identification bearing a photograph and issued by a governing body, i.e. Drivers license.. ID card, etc. DRAFT-93 Created on 2/11/2010 13 Security Deposit The Town may require an Event Organizer to prepay, in the form of a refundable security deposit. The applicant will be notified of the Security Deposit requirement at the time of official response from the Town to the Special Event Pen-nit Application. A Security Deposit must be paid no later than forty- five (45) calendar days prior to the start of the proposed Special Event. The Town reserves the right to revoke a Special Event Permit for non-payment of a required Security Deposit. A Security Deposit may be required at the Town's discretion when: 0 The Event Organizer has never before hosted a Special Event within the Town of Vinton. 9 The Event Organizer is not a resident of Vinton or is not a business located within Vinton. The Town's decision on any loss of deposit shall be final. Staff and Volunteer Staffing for Alcohol Special Events held on Town of Vinton ProperA The following will be in place-. I. No outside alcohol will be allowed in and no alcohol will be allowed out of the beer/wine/beverage garden. 2. There will be ID check tables that will issue wristbands to those 21 years of age and over and put an identifying mark on those that meet the age requirement. 3. There will be a minimum of 4 volunteers and I event supervisor on duty that are easily identified by badges or similar identification. For anticipated larger crowds the minimum will be increased per instruction of the Special Programs Director 4. There will be a minimum of I volunteer monitor per 100 attendees to observe alcohol beverages staying within the marked alcohol beverage area and overall compliance with Alcohol Beverage guidelines. 5. There will be a minimum of I volunteer checking ID's. 6. There will be a minimum of I volunteer selling tickets for beverages. 7. There will be a minimum of 2 volunteers serving at the beverage station with I ABC Manager that has Prevent Underage Sales Training (ABC Education Program). 8. Volunteers and staff are not to drink while on duty. All event volunteers and staff members engaged in any aspect of serving beer and/or wine (which includes but is not limited to checking ID's, arm banding, ticket sales, serving and monitoring) are prohibited from consuming alcohol during the event. This includes any server who completes their shift and is requested to return to duty. 9. There will be a limit of 5 drinks that will be marked on the wristbands. A maximum of two drinks will be allowed per person to be given out at one time. Last call will be 30 minutes prior to end of the event. 10. As the event increases in size the need for additional volunteers will detennined by Special Program Director. 11. Food and soft drinks and water must be available. DRAFT#3 Created on 2/11/2010 14 12. The volunteers and staff will rove around checking for situations that could be in violation and will take action if needed. The procedures must be provided verbally and in writing to each volunteer that works. The Event Supervisor and ABC manager or lead security will oversee the precautions and will sign-off as to the compliance with procedures of the Town of Vinton and the Virginia Department of Alcohol Beverage Control. Addendum 3 Vinton War Memorial Outdoor• Special Events Policy / Contract Addenduni When public outdoor events are planned for the Vinton War Memorial the standard contract and rental rates will apply to the organization and event coordinator. The following requirements and conditions will also be required by the Vinton War Memorial facilities manager-, 1. A Town Of Vinton Special Event Pen-nit will be required 45 days prior to the event date or 90 days for an event that includes alcohol. Full compliance to this policy will be enforced by the Vinton War Memorial Facilities Manager and applicable Town Of Vinton staff. 2. When alcoholic beverages are present, strict adherence to addendum 2 in the TOV Special Events Policy will be required with no exceptions. I The Event Organizer will work closely with the Vinton War Memorial Facilities Manager in the development of the event layout. All barriers, structures, vendor locations, and portable restroom locations must be approved by the War Memorial Facilities Manager at least 14 days prior to event. 4. No pre-event signage will be allowed on Vinton War Memorial grounds prior to day of event. 5. Event Set-up and Clean-up must be scheduled and approved by Vinton War Memorial staff to avoid overlap with other events scheduled on the War Memorial grounds. 6. Prior authorization from the VWM Facilities Manager is required for all Event Organizer to use any rendition of the Vinton War Memorial logo or marketing photos in the title and/ or promotional materials of a special event. 7. The Event Organizer will adhere to the Clean-up section of the TOV Special Events Policy. Responsibility for emptying refuse containers as needed both during and at the conclusion of the event will go to the Event Organizer. All refuse shall be disposed of by the Event Organizer in the dumpster located behind the Vinton War Memorial. The Event Organizer shall also perform general cleanup of the Vinton War Memorial grounds and surrounding area to collect and dispose of any trash and debris generated during the event. Failure to adhere to the Clean-up policy will result in full forfeiture of the damage deposit. DRAFT-43 Created on 2/11/2 010 15 8. The Vinton — Roanoke County Veterans Monument and surrounding area will be treated respectfully, kept clean and trash-free through the duration of the event. No alcohol will be permitted in the general vicinity of the monument or fountain area. DRAFT 43 Created on 2/11/2010 16 Town of Vinton Special Event Permit Application To apply for a Special Event Permit, please complete this application. Submit this application form with an event site plan and to the Town of Vinton. This application must be received at least forty-five (45) days prior to your event to be considered for approval. Event Name Start Date End Date Event Category Community Festival Parade (check all that apply) Run/Walk Bike Race/Tour Concert Other Organization Event Organizer(Name) Street Address City State Zip Phone Number Cell Number Fax E-Mail Address Event Sponsors Description of Event Event Venue/Site(s) First Time Event AnnualEvent and Longevity_ Alcohol Served No Yes Admission Fee In Advance Day of Event ^ ' 2 Additional Venue(S) or sites required for Event Set-up or Staging Requested Streets to be Closed Proposed Date(s) and Times of Street Closures Will you be supplying any of the following items or elements at your Event? Dumpsters Quantity_ Portable Toilets Quantity_ Trash Cans Quantity Recycling Containers Quantity Banners or Signs Quantity_ Fencing Quantity Barricades Quantity Special Lighting Describe Shuttle Services Describe Site Decorations Describe Catered Food Describe Live Entertainment Describe Stage, Bleachers,or Other Structures Quantity Describe Event web site or hot line phone URL or Phone# Fireworks, Fires, or Pyrotechnics Describe (Cont'd) Name of Fireworks Contractor Booths, exhibits, or display Quantity_ Tents or Canopies Quantity_ Vehicles/Trailers Quantity_ Annnals Describe VIP Area Describe Amplified Music/Sound Describe Rides, inflatabIcs, other Describe 3 4 Business Phone Policy Number Policy$ Limits Address City State Zip Indemni", Agr eement In consideration for the Town of Vinton granting the undersigned Event Organizer representative permission to hold the proposed event on public property and to display, sell,or offer for sale wares, services, and/or food or merchandise within the perimeters of their event venue, the undersigned agrees to assume the defense of and indemnify and save harmless the Town, it's employees, offices, and agents against any and all claims, liabilities,judgments, costs, causes of action, damages, expenses, and shall pay all attorney's fees, court costs, and other cost incurred in defending such claims, which may accrue against,be charged to,be recovered frorn, or sought to be removed from the Town, its employees, officers, and agents by reason of or on account of any personal injury or death or damage to property arising from the undersigned's event and associated activities, if such personal injury or death or damage of property is caused by the acts or omissions or negligence of the undersigned, or the undersigned's employees and agents or by such acts, omissions, or negligence of any other person subject to the undersigned's control. The Town, its employees, officers, and agents shall not have to give the undersigned any specific types of notices of such claims. Event Organizer Signature Witnessed by: Certification by Applicant I certify that the information contained in this Special Event Application is true and correct to the best of my knowledge and belief, that I understand, and agree to abide by all regulations,provisions, and rules governing Special Events as set forth by the Town of Vinton. I understand that this application is made subject to the rules and regulations established by the Vinton Town Council, I agree to abide by these rules and further certify that, on behalf of the organization, I am authorized to commit that organization, and therefore agree to be financially responsible for any cost and fees that may be incurred by or on behalf of the Event to the Town of Vinton. Applicant Title(print or type) Signature of Applicant (Event Organizer) Date of Application 5 A signed hard copy of the Indemnity Agreement and Certification of Applicant portions of the Special Event Pen-nit Application must be provided to the Town before an application will be considered fully executed. Submit a hard copy and an electronic -version (either email or disk) of this Special Event Permit Application to Mary Beth Layman, Special Programs Director,Town of Vinton. Town of Vinton Attention: Special Programs Director Mailing Address: 311 S. Pollard St. Office Address: 814 Washington Ave. Vinton, Virginia 24179 Phone(540)983-0613 Fax(540)983-0639 E-mail: mblayman@vintonva.gov For Office Use Only Reviewed By, Sign and Date: Special Programs Director Date Town Manager Date Police Department Date Fire Department Date Rescue Squad Date Public Works Date _j 6