AGENDA Wytheville Town Council April 13, 2015 7:00 p.m.

Transcription

AGENDA
Wytheville Town Council
April 13, 2015
7:00 p.m.
Wytheville Municipal Building
150 East Monroe Street
Wytheville, Virginia 24382
A.
INVOCATION – COUNCILMAN THOMAS F. HUNDLEY
B.
CALL TO ORDER - MAYOR TRENTON G. CREWE, JR.
C.
ESTABLISHMENT OF QUORUM - MAYOR TRENTON G. CREWE, JR.
D.
PLEDGE OF ALLEGIANCE – COUNCILMAN H. JUDSON LAMBERT
E.
CONSENT AGENDA
1.
F.
Minutes of the regular meeting of March 23, 2015
PUBLIC HEARINGS
1.
Consider amending the Zoning Ordinance to include Article XXIII – Small Wind
Energy Systems and to include this use in the Zoning Districts of A-1
Agricultural, M-1 Industrial and M-2 Industrial
2.
Consider amending Article XI-A Business District B-2 DT – General Business
District – Downtown in the Zoning Ordinance regarding the review of signs and
alterations to buildings for Certificates of Appropriateness
3.
Consider amending Article XXI – Regulating Outdoor Advertising in Sight of
Public Streets, in the Town of Wytheville, Virginia, in the Zoning Ordinance
regarding the requirements for permits for temporary signs and the timeframe
for banners to be installed
4.
Consider the request of Fairfield Glade Company to rezone a portion of
property located on the west side of Stafford Umberger Drive between George
James Drive and Tremough Drive from R-3 Residential to M-1 Industrial
G.
CITIZENS’ PERIOD
H.
OLD BUSINESS—TOWN MANAGER C. WAYNE SUTHERLAND, JR.
I.
COMMITTEE REPORTS
1.
Budget and Finance
a.
Consideration of adoption of a Post-Issuance Compliance Procedures
Manual
b.
Community shredding event
2.
J.
Public Works
a.
Overview of ordinance revising sign approval procedures in the
downtown area
b.
Discussion on ordinance revising parking regulations
ORDINANCES/RESOLUTIONS
1.
Ordinance No. 1290, an ordinance amending and reenacting Ordinance No.
640, generally known as the Zoning Ordinance, to add Article XXIII – Small
Wind Energy Systems and to amend Article V – Agricultural District A-1, Article
XII – Industrial District M-1 and Article XIII – Industrial District M-2 to add the
use of Small Wind Energy Systems, on first reading
2.
640, generally known as the Zoning Ordinance, so as to include revisions to
Article XI-A, Business District B-2 DT General Business District – Downtown,
Section 11-2A Use Regulations, Subsection 11-2.30A; Section 11-4A Setback
and Frontage and Yard Regulations; Section 11-6A Certificate of
Appropriateness Required to Construct, Reconstruct, Alter, Restore, or Raze a
Building, Subsection 11-6B; Section 11-7A Application for a Certificate of
Appropriateness; Section 11-8A Board of Architectural Review, Subsections
11-8.1A and 11-8.2A; Section 11-9A Chairman, Vice-Chairman and Secretary
of the Board; Section 11-10A Procedure for Meetings, Subsection 11-10.1A;
Section 11-11A Matters to be Considered by the Board in Acting on the
Appropriateness or the Erection, Reconstruction, Alteration, Restoration, or
Demolition of a Building or Structure, Subsection 11-11.1A; Section 11-12A
Issuance of a Certificate of Appropriateness, Subsection 11-12.1A; Section 1113A, Right of Appeal, Subsection 11-13.1A, on first reading
3.
640, generally known as the Zoning Ordinance, to amend Article XXI –
Regulating Outdoor Advertising in Sight of Public Streets in the Town of
Wytheville, Virginia, Article I., Subsection 21-1 Policy; Definitions, on first
reading
4.
Ordinance No. 1293, an ordinance amending and reenacting, Ordinance No.
640, generally known as the Zoning Ordinance, to rezone from R-3 Residential
to M-1 Industrial a certain portion of property owned by Fairfield Glade
Company, which is located on the west side of Stafford Umberger Drive
between George James Drive and Tremough Drive, on first reading
5.
Ordinance No. 1294, an ordinance amending and reenacting Chapter 8, Motor
Vehicles, Article VI. Stopping, Standing and Parking, Division 3. Parking
Zones, by amending Section 8-162. Parking Overtime, and by adding Section
8-167. Immobilization of Motor Vehicles Against Which There Are Outstanding
Parking Violations, of the Code of the Town of Wytheville, Virginia, on first
reading
K.
OTHER BUSINESS
1.
L.
Recommendation of the Wall of Honor Committee regarding the honorees
to the Sports Hall of Fame Monument
ADJOURNMENT
G:\COUNCIL\COUNCIL AGENDAS\2015\041315.doc
WYTHEVILLE TOWN COUNCIL
AGENDA INFORMATION
Meeting Date:
Monday, April13, 2015
Item Name:
Public Hearings
Item Number:
F-1
Subject:
Small Wind Energy Systems
SUMMARY:
A public hearing has been scheduled to consider amending the Zoning Ordinance to
include the definition and use of Small Wind Energy Systems in the Zoning Districts of
A-1
Agricultural,
M-1
Industrial and M-2 Industrial. Please find enclosed the
recommendation from the Planning Commission noting that they would recommend the
Zoning Ordinance be amended to include these revisions. Action on this matter will be
taken later in the meeting in the form of an ordinance.
WYTHEVILLE PLANNING COMMISSION
RECOMMENDATION TO COUNCIL
Request:
Consider amending the Zoning Ordinance to include Article XXIII - Small Wind Energy
Systems, and to include this use in the Zoning Districts of A-1 Agricultural, M-1
Industrial and M-2 Industrial.
Recommendation to Town Council:
After conducting a public hearing and receiving no comments from concerned citizens,
the Planning Commission would recommend amending the Zoning Ordinance to include
Article XXIII - Small Wind Energy Systems, and to include this use in the Zoning
Districts of A-1 Agricultural, M-1 Industrial and M-2 Industrial.
G:\PLANCOMM\Recommendations\entrance corridor regulations on West Lee Highway recommendation to town council. doc
Small Wind Energy Systems
Staff Report
Background
Since July 2014, the Planning Commission has been studying the regulation of wind
turbines. The study began because of an inquiry from a property owner about the
regulations governing the installation of wind turbines. The property owner has notfollowed
up with any further questions, but the staff felt that it was important to be ready should any
property owner seek a wind turbine installation. Since they are a relatively new technology,
wind turbines are not identified in the Zoning Ordinance. The Planning Commission should
note that to be eligible for a special exception permit, the use must be permitted in at least
one zoning district.
Over the past several months, the Planning Commission has looked at and discussed a
number of concerns and considerations to allow wind turbines. As was discussed earlier in
the meetings, there are many reasons to restrict their use but, primarily, to protect property
owners from an undesirable impact that could include excessive noise, visual
obtrusiveness, electrical and radio frequency hazards and tower collapse dangers.
Because of regulation by Code requirements, the primary concerns to neighbors are
probably noise and visual obtrusiveness.
Discussion
The proposed ordinance for Small Wind Energy Systems has the purpose of providing for
the requirements such as compliance with national standards for the installation,
appropriate visual and noise protection for adjacent neighbors and while not unreasonably
interfering with the development of this renewable energy resource.
The ordinance allows Small Wind Energy Systems to be placed in the M-1 and M-2
Industrial Zoning Districts and the A-1 Agricultural Zoning District. It restricts the maximum
height to 65 feet on parcels of less than five acres, a maximum of 80 feet on parcels of five
acres or more and requires proof of structural soundness. It provides for clearances to the
blades and restricts climbing access.
The ordinance addresses the State and Federal regulations that should be followed and
addresses visual concerns such a color, advertising and visual flicker. The ordinance
addresses removal of inoperative systems and gives setback distances from occupied
buildings. It, also, addresses guywires that must be at least 200 feet from the nearest
adjacent property.
G:\PLANCOMM\Staff Reports\Small Wind Energy Systems Ordinance - Staff Report - March 2015 .doc
EXCERPT OF THE MINUTES OF THE WYTHEVILLE
PLANNING COMMISSION MEETING OF MARCH 12, 2015
RE: PUBLIC HEARING - SMALL WIND ENERGY SYSTEMS
Chairman Jones advised the meeting constituted a public hearing (due notice having been given)
is to consider amending the Zoning Ordinance to include Article XXIII -Small Wind Energy
Systems, and to include this use in the Zoning Districts of A-1 Agricultural, M-1 Industrial and M2 Industrial. He inquired if Assistant Town Manager Moore had any comments. Assistant Town
Manager Moore stated he did not have any comments. He commented that he thinks the
Commission has discussed this topic at great length over the past several months. Assistant Town
Manager Moore stated at the last meeting, the Commission did agree to hold this public hearing
at the April meeting because of all of the other scheduled hearings at this meeting. He noted,
however, there was some miscommunication with the newspaper so staff proceeded. Assistant
Town Manager Moore explained to the Commission that is the reason this public hearing is being
held at this meeting. He noted that he felt like there is not anything the Commission has not
already discussed, therefore, he feels this amendment to the Zoning Ordinance is a good step in
the right direction. Chairman Jones advised that the sign-in sheet did not have anyone listed
stating they wished to address the Planning Commission in regard to this public hearing, however,
if anyone wishes to address the Commission in regard to this topic, they may do so at this time.
There being none, he declared the public hearing closed. Chairman Jones proceeded with the
agenda.
RE: RECOMMENDATION TO TOWN COUNCIL- SMALL WIND ENERGY SYSTEMS
Chairman Jones advised the next agenda item is for the Planning Commission to make a
recommendation to the Town Council to consider amending the Zoning Ordinance to include
Article XXIII- Small Wind Energy Systems, and to include this use in the Zoning Districts of A-1
Agricultural, M-1 Industrial and M-2 Industrial. He inquired if the Commission members had any
questions or comments in regard to this recommendation. Chairman Jones inquired if there is a
motion to make the recommendation to approve or deny this amendment. A motion was made by
Dr. Suarez and seconded by Mr. Shockley for the Planning Commission to make a
Agricultural, M-1 Industrial and M-2 Industrial. Chairman Jones inquired if there is any further
discussion on the motion. There being none, the motion was approved with the following voting
in favor and there being no opposition:
FOR:
Kenny W. Ervin, Cathy D. Pattison, H. Judson Lambert, Charles E.
Shockley, Kevin L. Varney, Terrance E. Suarez, John W. Jones, Jr.
AGAINST:
None
ABSTENTIONS:
None
Chairman Jones advised that the motion from the Planning Commission to make a
Agricultural, M-1 Industrial and M-2 Industrial is approved, and he proceeded with the agenda.
AGENDA INFORMATION
Meeting Date:
Monday, April 13, 2015
Item Name:
Public Hearings
Item Number:
F-2
Subject:
Zoning Ordinance Amendments - Approval of Signs
and Alterations to Buildings in the B-2 DT General
Business District - Downtown
SUMMARY:
A public hearing has, also, been scheduled to consider amendments to various sections
of Article XI-A Business District B-2 DT - General Business District - Downtown in the
Zoning Ordinance regarding the approval of signs and alterations to buildings for
Certificates of Appropriateness.
The Planning
Commission recommendation
is
enclosed, and they would recommend that the amendments be approved to the Zoning
Ordinance. Action on this matter will be taken later in the meeting in the form of an
ordinance.
Request:
Consider amending Article XI-A Business District B-2 DT - General Business District Downtown in the Town of Wytheville Zoning Ordinance regarding the review of signs
and alterations to buildings for Certificates of Appropriateness.
the Planning Commission would recommend amending Article XI-A Business District B2 DT - General Business District - Downtown in the Town of Wytheville Zoning
Ordinance regarding the review of signs and alterations to buildings for Certificates of
Appropriateness.
G:\PLANCOMM\Recommendations\Sign and building review in B2DT District recommendation to town council. doc
Revisions to the
B-2 DT Downtown Business District
Staff Report
The B-2 DT Downtown Business District revisions to remove the mandatory Board
of Architectural Review provisions and insert the voluntary provisions of review by
the Design Committee of Downtown Wytheville, Incorporated (DWI).
Background
The present provisions of the B-2 DT Downtown Business District establish a Board of
Architectural Review that meets monthly to review proposed exterior changes to the
buildings and signs in the district. This section establishes that a "Certificate of
Appropriateness" is issued after the review is approved by the Board. The applicants must
submit information to the Town regarding the nature of the proposed work on the buildings
and signs several weeks in advance of the monthly meeting. Over the years, the process
has managed to work, but the effectiveness for the amount of effort that goes into it is
questionable and, for many, it is perceived as yet another bureaucratic hurdle for
downtown businesses. The OWl Board is working to improve the business environment
downtown, and they have suggested that the review process be incentivized by
eliminating the building permit and sign fees, if the Design Committee endorses or issues
a "Certificate of Appropriateness" for the work to be done.
Discussions/Considerations
The revised B-2 DT Zoning District revisions provide for any exterior changes to buildings
or signs to be reviewed by the newly established Design Committee of Downtown
Wytheville, Incorporated. It sets out similar rules of procedure for the Design Committee
and references the Wytheville B-2 DT Downtown District Design Review Guidelines as a
guide for the Committee. Receipt of a "Certificate of Appropriateness" from the Committee
will allow the rebate of building and sign permit fees. The administration of this program
will no longer be by the Town of Wytheville but, instead, OWl. Should applicants prefer
not to go through the design review process, they merely must pay the building and sign
permit fees. As a related matter, the Town Council is considering raising the sign permit
fees so that there will be more incentive to go through the "Certificate of Appropriateness"
process.
Overall, this direction provides some means of oversight by OWl that is charged with the
overall improvement of the appearance and business environment in the downtown, yet
removes the negative aspects of the regulation of appearance that has been only
marginally effective over the past 30 years. The upcoming improvements in the downtown
area are a result of the efforts of the Town of Wytheville and OWl that can only improve
1
the effectiveness of the review process and development as a whole. These ordinance
revisions, while possibly decreasing revenues through the waiver process, will have the
impact of making the review process more of a peer review by the organization whose
mission it is to improve and "sell" downtown. Staff feels that if properly managed this will
greatly improve the efforts of regulating the appearance of downtown.
G:\PLANCOMM\Staff Reports\B-2 DT Downtown Business District- Certificate of Appropriateness- Staff Report· March 2015.docx
2
ARTICLE XI-A - BUSINESS DISTRICT B-2 DT
GENERAL BUSINESS DISTRICT - DOWNTOWN 8
Statement of Intent
The Downtown Wytheville District is established to promote the economic,
cultural and general welfare of the town through the preservation and
protection of historic buildings, or buildings having unusual architectural or
cultural interest; through the development of an appropriate setting for such
building through the construction of buildings which will be in harmony with,
and supplemental to, existing buildings and through benefits resulting to the
economy of Wytheville, and for developing and maintaining an attractive
downtown business community by way of preservation and appropriate
additions.
11-1A
CREATION OF BOUNDARIES
In order to preserve and maintain the unique characteristic of downtown
Wytheville there is hereby established a district to be known as the
downtown Wytheville District. The boundaries are as follows:
Beginning at a point midway between Monroe and North Streets at a
point on the line of the east side of Fourteenth Street extended and
extending eastwardly parallel to and midway between Monroe and North
Streets to a point in the west line of Fifth Street; thence proceeding
southwardly along the west line of Fifth Street to a point midway between
Monroe and Main Streets;
thence proceeding eastwardly along a line
1
XI-A- BUSINESS B-2 DT
midway between Main and Monroe Streets to a point in the west line of an
alley located approximately 170 feet::J from the west line of Eleventh Street;
thence proceeding northwardly along the western line of said alley to a point
in the south side of Monroe Street; thence proceeding eastwardly along the
southern line of Monroe Street to a point on the west line of Eleventh Street;
thence proceeding southwardly along the west line of Eleventh Street to a
point on the north line of Spring Street; thence proceeding westwardly along
the northern line of Spring Street to a point on the western line of Seventh
Street; thence proceeding southwardly along the western line of Seventh
Street to a point midway between Spring and Franklin Streets; thence
proceeding westwardly with said line midway between Spring and Franklin
Streets to a point on the east line of Eighth Street; thence proceeding
northwardly along the east line of Eighth Street to a point in the north line of
Spring Street; thence proceeding westwardly along the north line of Spring
Street to the east line of Fourteenth Street; thence proceeding northwardly
along the east line of Fourteenth Street to the point of beginning. 22
11-2A
USE REGULATIONS
In the Downtown Wytheville District structures to be erected or land to be
used shall be for one or more of the following or similar uses:
11-2.1A
Single-family dwellings; permitted residential uses in the area bounded by
Fifth Street, Sixth Street, Monroe Street, and Spring Street shall conform to
2
the R-2 Residential District regulations and permitted residential uses in
other areas in the district shall conform to the R-3 residential regulations. 43
11-2.2A
Multiple-family dwellings; permitted residential uses in the area bounded by
Fifth Street, Sixth Street, Monroe Street, and Spring Street shall conform to
the R-2 Residential District regulations and permitted residential uses in
other areas in the district shall conform to the R-3 residential regulations. 43
11-2.2A.1
Bed and breakfast inn/tourist home. 44
11-2.3A
Retail stores and service establishments.
11-2.4A
Grocery stores.
11-2.5A
Bake shops.
11-2.6A
Drug stores.
11-2.7A
Medical and dental supplies and appliances stores.
11-2.8A
Auto and home appliance stores.
11-2.9A
Wearing apparel stores.
11-2.10A
Pick-up laundry and dry cleaning stations.
11-2.11A
Laundromats.
11-2.12A
Barber and beauty shops.
11-2.13A
Banks.
11-2.14A
Restaurants.
11-2.15A
Theaters.
11-2.16A
Office buildings.
11-2.17A
Motels and hotels.
11-2.18A
Assembly halls.
3
11-2.19A
Newsstands.
11-2.20A
Clubs and lodges.
11-2.21A
Funeral homes.
11-2.22A
Retail and wholesale building supplies with storage under cover.
11-2.23A
Retail and wholesale plumbing and electrical supplies with storage under
cover.
11-2.24A
Wholesale and retail tire sales not to include tire recapping facilities.
11-2.25A
Machinery sales and service limited to yard and garden or similar types of
small equipment with storage under cover.
11-2.26A
Newspaper offices and printing plants; light manufacturing processing
operations, light machining operations, all work and storage under cover, 16
creating or likely to create neither smoke, noise, vibration, fumes, odor, nor
dust detrimental or likely to become detrimental to the health, safety or
general welfare of the community.
11-2.27A
Other retail businesses similar in characteristic to those listed.
11-2.28A
Public or semi-public uses such as schools, churches and libraries.
11-2.29A
Public or community operated playgrounds, parks and similar recreational
facilities.
11-2.298
Semi-trailers which are licensed shall be permitted as defined in the
Definitions section of this ordinance. 57
11-2.29C
Shipping containers shall be permitted as defined in the Definitions section of
this ordinance. 57
4
XI-A - BUSINESS B-2 DT
11-2.30A
Signs permitted under Chapter 21 of this Ordinance regulating outdoor
advertising and subject to review and approval by the Board of
Architectural Review Design Committee of Downtown Wytheville,
Incorporated. 24
11-2.31A
Deleted 4-27-87. 24
11-2.32A
Off-street parking as required by this Ordinance with exception to be allowed
as specified in General Provisions of the Ordinance.
11-2.33A
Adult uses with a special exception permit, but no adult use may be
established within 300 feet of any such other adult use, and no adult use
may be established within 600 feet of a residentially zoned district (R-1, R-2,
R-3, R-3MH, R-3FH) or any agriculturally zoned district (A-1) or any church
or place of worship, public library, public or private school, educational
institution, public park, public playground, public playfield, or child care center
in existence at the time of the establishment of the adult use.
The establishment of an adult use as defined herein includes the opening of
such business, the relocation of such business, the enlargement of such
business in size or area, or the conversion in whole or in part of an existing
business into any adult use.
Measurement of Distance: All distances specified herein shall be measured
from the property line of one use to another. The distance between an adult
use and another adult use or a residentially zoned or agriculturally zoned
district shall be measured from the property line of the use to the nearest
5
point of the boundary line of another adult use, residentially zoned use, or
agriculturally zoned use. 64
11-3A
AREA REGULATIONS
None, except for off-street parking as required by this Ordinance.
11-4A
SETBACK AND FRONTAGE AND YARD REGULATIONS
None, unless such are considered as necessary by the Board of
lnt:oiJlorated.
11-5A
HEIGHT REGULATIONS
Buildings may be erected up to seventy five (75) feet in height from grade. 67
11-6A
CERTIFICATE OF APPROPRIATENESS REQUIRED TO CONSTRUCT
ERECT, RECONSTRUCT, ALTER, RESTORE, OR RAZE A BUILDING OR
SIGN
In order to promote the general welfare through the preservation and
protection of buildings of historic and architectural interest and to promote
building within the Downtown Wytheville District, · the ..Town hereby
e!itablish§§!itffl. int;entl¥e,program that wiiFwaive~building permit fees
and sign permit fees for all work:tbat;conft)tms,to tbe·recommendations
otthe::Design,G,emmittee.o({ DowntownrWYfh~ville; ln~;orporated (DWI)
and,;•reeeJves·
a . e.emficate;
ofr Appropriateness ·rrom the Design
Committee;of;Downtown;Wytheville, Incorporated. may be demolished
in whole or in part, nor arshiteGb:IFal features of said building •Nhich are
6
subjeGt to publiG vie•N from a publiG street be altered 'Nithout prior
applioation to the 8oarEI of ArGhiteGtural Review, hereinafter sreated
Design.Committee1o" Downtown~-wytheville;1 ·lneorporated (DWJ).
11?<6Br;, '· .·. ,AcJ/4:·~"building~-"e•rtstlfufftion~~-".recbtfstrucUonr·restDration, razing or
demelition.i;: fhat:;is"-.,;fundf!idif+'P"EEFtially.·,t,c1r;"%;,tull~ · by<grants issued or
administelffld•b)'t,fhe:.Trowl!l~elfWytheville;•alldor:teceives waiver of fees,
shall
receirtfR"a¥;:Gef!tifieate.;,to~1t!ApptrOpt:iateness::;i:fto1fl
the Design
confmittee;of.:BowntowiJIWytlfefiltle}·lncorporated;-priotto being issued
a building: permitft.DT.'\Sign:~.:pllnnit~ Review of ah application for a
Certificate .ofi4ppltflfiliiilfi#n~;by;lhe'·'Besign Somtn1ttee shall include
an':'iii:ii!i1Vs1s:.'ofrfhe'!-e}tt#itnalr·atehlteettitaF·features~· rcolt!lrs,
materials,
windows, doors, signs, their am)iflfjJii'eiit;"' 'anal""'eonlposition and
relationship:.ta:totheT<·•stRJcttires and ·shaJJc;be, in the opinion of the
Oesign.,&Committee;:,.;,,,accoJ'Id:.·wifh~;fhtp:wythevil/11
B:.2i.'DT Downtown
Dismqt,,E>esigm,.R.ev,iew;r,Guidelines. Neither shall any building or
struGture hereafter be erested, reGonstruGted, altered or restored \'Jithin
the said Downtown Wytheville DistriGt unless and until an application
for Gertifisate of appropriateness shall have been appro•Jed by the
aforementioned Board of ArohiteGtural Re'lie•JJ. Review of sush
appliGation by the Soard 'Nill inGiude analysis of external architestural
features, inGIYEiing signs, from a publiG street, way or plase.
7
Structures locateEI in this Elistrict which are solely useEI for
resiEiential
~ur~oses
are
exem~t
Structures whish are wseEI
~oth
from the
~revisions
of this Article.
residentially and commercially are
subject to tt\e provisions of this Ordinance. Pro~ert}• o)Nners desiring to
~erform
maintenance on the exterior of any commercial structure anEI
'Nhich •J:ill not imml•:e the change of color, materials, or texture will be
exempt from the provisions of this section. 25
11-7A
APPLICATION FOR CERTIFICATE OF APPROPRIATENESS
Applications for SYGh &Certificates of &Appropriateness shall be made to the
Zoning Administrator .BI.lildlogJEHlicialforthe Town of Wytheville, Virginia.
11-SA
SOARD OF ARCHIT&CTUR:\b R&VIEW:REt!ilUIR/i.MENTS FOR DESIGN
CGJMN/JtTTE/i.~W
11-8.1A
For the purpose of making effective the provisions of this article above, a
"Soard of Architectural Re•:iew" is hereby establisheEI. The 8oarEI shall
consist of five members, all of whioh shall be resh:lents and qualified
voters of the Town
exce~t
as hereinafter noteEI.
The Soard shall
consist of fi·:e members a~ pointed by the Town Council. One member
of the 8oard shall be a member of the Council anEI one member shall be
a mem~er of the Planning Commission. The remaining membership of
the Boa rEI shall be composed of one certified architect, one person ¥:ith
knowleEige of, anEI demonstrateEI interest in, the historical and unique
character of the downtown part of the Town anEI one
8
~roperty
XI·A · BUSINESS B-2 DT
O\•mer in
the designated area. In the event there is not a certified architect
residing in Town, the Council may, in its disGretion, appoint a certified
architect practicing in the community or in the immediate area. The
&uilding Inspector and/or Zoning Administrator shall serve as advisor
to the Soard.
thfii~i4JJf!Sig#~~:c;;awlmitteeruef"'8ciwntown
Wytheville,
tncorpora'tefl,"t~.y,IJJWI)i~/:;sh1llli~~~e~re;esYIJIJii$'het:l, 'ifori"Sistiitg· of members
appoiiitefi:'Jcb'V;thlJ~SWir'~Biattl:
11-8.2A
The term of office of the members shall be for three (3) years exGept
that the term of the CounGil member and Planning Commission member
shall be GO extensi-.·e with the term of offiGe to '.IJhiGh he is eleGted or
appointed.
In order to provide stagger terms, and continuity in
membership and poliGies of the 8oard, the initial term of the person
with knowledge and interest in the historiGal and unique Gharacter of
the downtown area to be for one (1) year, the term of the property
owner in the designated area to be for tvJo (2) years and the term of the
architectural member to be for three (3) years. Any appointed member
of the 8oard may be removed by the CounGil after public hearing for
ineffiGiency, negleGt of duty or malfeasance. An appointment to fill a
vacancy shall be only for the unexpired portion of the term. Members
shall be eligible for reappointment. Members of the Design Committee
shall have a demonstrated interest or knowledge of the architecture or
history and unique character of downtown Wytheville, have a property
9
or busimass
int~trfl$t.i1J:. the.downtown·or.be.a,design
or construction
pJ:Rte$$laoal.,,famili!lr. ~,with .,.fhf!:•. revitalization ... efforts•. of Downtown
V'IXtl1fi,.Villti;/11.t;,QrpQ,Fil,t~d·1'ifhfl.;te8lls·~•l,,/le~~ign~~.Gommittee members
sha!l1 b'"' tY/,@;;(~J~&IIIFJ$,":MJ.t~,!,W~bJfllllQf!.,UpHtO::,fhre~ lol)i~ terms.
Design
CgmmittfJ.e'IJj~m.IJIJ.f§i.S.bi1J,1Id:s,Q..~gltl~ff11ll o~JN}dheviiJe, unless no other
qyfllillact-r;.a!lflisLf.,tM.'i.lll!@;ilJt.§illlli1J§~thfl!k@;'§balkbf!lRQ.:few.er than five (5)
Design Committee ·membe!§i~Q'§$!1J.f9;.JM/;t~hlirrlil:lalt~b·ftvthe Executive
Qirer;.to.AolliJ.93{Dl9J!l1J,:~f!#Wllt~,?i1D!iQt:p,~tf111,4~J1d. whose term shall
IJ.Ift r.;pnt;!!t:fell~~wiltl~ tlJJj./lQ§iJion~ l'h,..~:.£3),. qf.te~uc (4) members shall
ha'le their !nitit~l:tenn4.~xteorlttd..bYone..(1), .twq (~).and three (3) years
so that $,ti!J9gere.c/..aRPolatmen~ o~f;Yt:. The
llWJ Board shall assign
th§~JI ~t~tmdei/JnJJia.J,.term.s.
11-9A
CHAIRMAN, VICE-CHAIRMAN AND SECRETARY OF THE BOARD
COM/111/TTEE
The Board of Architecbual Review
Q.§§.iga,C,qnupittttJ.~
shall elect its a
ChairmaR and Vice-ChairmaR from its membership, and the Building
Inspector shall be its secretary Ex.§CfltiVf!lJ)jreJ;_tqfi-Qft;)WI shall be serve
as .~f!creft!ry.
10
XI-A · BUSINESS B-2 DT
11-10A
PROCEDURE FOR MEETINGS 73
11-10.1A
The chairman shall conduct the meetings of the 8oard Besign Committee.
In his absence, the vice-chairman shall preside. The secretary shall keep the
minutes of the meetings and a permanent record of all FesoiYtions, motions,
transactions, and determinations. All members of the 8oard Design
Cqnunittee shall be entitled to vote and the deGisions of the 8oard shall
be determined by a majority ".'Ote unless.a.,conflictcotinterest occurs, in
whU.!:J4c,e.~l$.e::1tl:J-~-'~Iltt~J.cJ.ftd;A<J1!1embeE1Shall~"anllf)unce-·the conflict and
abstain. fromr§liscu4SiQfi.!JIIld~;,lt.Qte. A quorum of~ members present
is shalt-be required before tar the Soard Design·6.emmittee may to take
any offisial action Qt::o,app~v-e:~-OF;-disappt:.ave.any;•application for a
Ce.ftifi~at~olr:.A'PPt:P~teRffs.S;Js/po.Q{,S<•majodfytllOfe"fottapprova/,
ceJttifici!tt#~-..Q~4111PfflRJli~n.fMI.tSJ~sbaiL,bfi;.-.Signe_d.,by, ..fhe.OWI
the
Executive
Di@f!;tfllf""ejii1,11JJ~-•JteQt;ttftt~.~fli.aapf¥QVal;•the~r.easonsfortbe disapproval
$hall~g,l:gjef#j{;:#IJ!l'»Jll~-d..QQ~tbi'-C•rtifi~ate,;e;)~-Appr,Qpriateness
tb.~c.,c~a£tillt;,@le:f{~llJlillfMfl~-..t!d.iA~RPT(;1V:tad;,-'~. Jn
and
the. ettent .of an approval
t;QlJditiOO.ill~u/IQ/lfAJ.~W~~ftS;'"~VLlJ..II.t-~i,s::pmpos.ed;;;~,:-tevisions upon
w:hi~b,.. th.~-~{IRRJ'9,¥i!4Wit§4t;..Ud.if(~a«d;;;$,/JIIIIrbedi!ited. Qn,,fhe certificate.
The Board QJ!#Aig!!!~-G.Qm!lli#~e shall meet monthly no.tless than monthly
and shall tC> review applications for Certificates of Appropriateness aftef
notifisation by the 8Yilding lnspestor of sush applisation. To be
revie•Ned, an applisation shall be SYbmitted no later than twenty one
11
(21) salendar days prior to tl:le next montl:lly meeting of the 8oard. The
meetings of tl:le Board sl:lall be open to ttle p1:1bliG, aRd a full and
impartial l:learing sl:lall be granted. 'Nhen Yoting on any Ell:lestion, no
proxy shall be allowed at any time. The Soard shall•tote and announce
tl:le Elesisions on any matter properly before it not later #ian forty fh.•e
(4&) salendar days after tile conolusion of ttle l:learing on the matter,
unless #le time is extended by mYtYal agreement betv.(een tile Soard
anEI ttle applioant. Tile 8oard shall not hear tile
s~:~bject
matter of any
applioation •J.mich has been denied for a period of one year, except in
oases •Jfl:lere an applisant appears 'Nithin ninety (90) days with his
applisation amended as hereinafter prO'tiEied. In sase of disapproYal of
the erection, reoonstrYotion, alteration, restoration, raZ:ing of a lnailding
or struotl:lre, tile Board shall briefly state its reasons therefore in •.:~riting
and it may make reeommendations to tl:le applioant with respeot to the
appropriateness of design, arrangement; texture, material, Golor,
location, and the like, of tl:le bYilding or str~:~eture immi•Jed. In oase of
disappro•tal aeeompanied by reeommendations, the applicant may be
heard before the 8oard if, within ninety (90) days, he Gomes before the
Soard with his application so amended tl:lat it will oomply with all
reeommendations of the Soard. In matters GOlJering the prooeEIYre for
meetings not eo•:ereEI by this Article, the Board may establish its o,_·m
rYies anEI guidelines proYiEied they are not contrary to the spirit of this
12
Artisle. In the event·': ,fhat: • an. application •· for a Certificate of
Appropriateness is disapproved, the'ljpplicant·has thirty (30) days in
which> to• filfi antappeaJ:tb the'IJ>W/:Soard,
and upon a majority vote of
thei/!JWI·Bo'ttFtlithe~vecisifitHiltlie I!JesighGommittee shall be modified,
Committee, but'stfli'Wdtilfifl!ir'illfajJpiiat'Shall 6t! fio later than thirty (30)
dtlj}!iiiffdrii'rfilce1pt' ofiitlie'w.fitifinhappt!al fl6m the applicant by the
Exel:l:itive I!Jirei!tl:Jr•ofi!JWi~ 'ln·fhll'evfintfhat DWi iipholds the decision of
thii'Desi{in ·'CoittiWttte'e, thi• 'Spplitfaht maY proceed with the project
witfrouffunding ·tisslstance oFincentives.
11-11A
MATTERS TO BE CONSIDERED BY THE BOARD DESIGN COMMITTEE
IN ACTING ON THE APPROPRIATENESS OF THE ERECTION,
RECONSTRUCTION, ALTERATION, RESTORATION, OR DEMOLITION
OF A BUILDING OR STRUCTURE
11-11.1A
The Board
~ommit.fee
shall not consider interior arrangement, relative size
of the building or structure, detailed design, or features not subject to
any public view and shall not make any requirements except for the
purpose of preventing developments obviously incongruous or not
compatible with the Downtown aspect of the surroundings.
The Board
Design., C9lflll'ittee shall consider the following in passing upon the
appropriateness of architectural features and uses:
a.
Exterior architectural features, including all signs, which are subject to
public view from a public street, way or place.
13
b.
General design and arrangement.
c.
Texture, material and color.
d.
The relation of the factors in a, b, and c above to similar features of
buildings and structures and uses in the immediate surroundings.
e.
The extent to which the buildings or structures of the use would be
harmonious with or obviously incongruous to the architectural and
historical aspect of the surroundings.
f.
In case of a building to be razed, a primary consideration will be the
extent to which its continued existence would tend to protect
irreplaceable historic places, or places having a unique architectural
value, and to preserve generally the existing and harmonic
atmosphere of the Town.
g.
The extent to which the building or structures, or the use, will promote
the general welfare of the Town, and all citizens by the preservation of
historic places and areas, or of places, or buildings, having unique
architectural values.
h.
The extent to which said preservation and protection will promote the
general welfare by maintaining and increasing real estate values,
generating business, creating new positions, attracting tourists and
special interest groups, new residents, encouraging existing and new
business activities, stimulating interest and study in the history of the
Town, preserving our culture and heritage, and making the town a
more attractive place in which to live.
14
1112A
ISSUANCE! OF CE!RTIFICATii OF APPROPRIATENESS
11 12.1A
Qesisiens eftl=le 8eard will be inoorporated in approJJiAg &ertifisates ef
appropriateness er t•:ritten reasons for disappro\'al. lmmeEiiately Y~on
appro¥al by the Soard of any
a~plisatien
to erect, reconstrust, alter,
restore, or rai!e a building, a sertifisate of appropriateness signed by
the Chairman ef the Soard and bearing the date of issuance shall be
made a·.-tailable to the applicant. The 8uilding Inspector shall refuse to
honor any request for a building permit '.l.•ithout sush a sertifisate of
appropriateness; but a certifisate of appropriateness ·.-:ill in no •.vay
affeet the requirement to comply with the other pro¥isions neeessal)' to
obtain a building permit
1113A
RIGHT OF APPiiA.L
11 13.1A
'.\(henever the Soard shall disapprove an applisation for a sertifisate of
appropriateness, any person shall have the right to appeal to the Soard
of Zoning Appeals. The Soard of Zoning Appeals shall consider all the
fasts in•1olved, gi'ling due eonsideration to the stated purpose of
actions taken by the Soard of Architestural Review. The proeedure of
appeal to the 8oard of Zoning Appeals shall be the same as is
applicable in respest to other i!Oning matters.
15
RE: PUBLIC HEARING- PROPOSED AMENDMENTS TO THE BUSINESS DISTRICT B-2 DT
GENERAL BUSINESS DOWNTOWN
to consider amending Article XI-A Business District B-2 DT - General Business District Downtown in the Town of Wytheville Zoning Ordinance regarding the review of signs and
alterations to buildings for Certificates of Appropriateness. He stated these proposed revisions
will dismantle the current Board of Architectural Review and place the review of signs and
alterations with the Design Committee of Downtown Wytheville, Incorporated. Chairman Jones
noted that it will, also, take the review from a mandatory process to an incentive process whereby
sign permit and building permit fees will be waived if a business follows the suggestions of the
Design Committee for business signs and alterations to buildings. He inquired if Assistant Town
Manager Moore had any comments. Assistant Town Manager Moore explained that he thinks the
Planning Commission has discussed this proposal at length, but he would be happy to answer
any questions the Commission may have. He commented that the proposed amendment is well
described in the staff report and is self-explanatory. Assistant Town Manager Moore advised that
Executive Director John Woods of Downtown Wytheville, Incorporated is attending this meeting.
He noted that Mr. Woods might have some comments relative to this topic. Assistant Town
Manager Moore reiterated that he feels like the Planning Commission has been explicit about this
item in past meetings. He stated he would entertain any questions the Commission or citizens
may have relative to the staff report. Mr. Ervin remarked that he has a couple of questions. He
inquired of Assistant Town Manager Moore who appoints the members of the Downtown
Wytheville, Incorporated Design Committee. Assistant Town Manager Moore stated members are
appointed to the Design Committee by the Downtown Wytheville, Incorporated Board of Directors.
He noted that the Downtown Wytheville, Incorporated Board of Directors is self-appointing, and
the Board self-appoints new members as terms of members expire. Mr. Ervin inquired of Assistant
Town Manager Moore if the Town Council will have any oversight of the Downtown Wytheville,
Incorporated Board of Directors. Assistant Town Manager Moore explained that Town Council
has a somewhat significant financial tie to the Board, at this time, in that the Town is funding them
almost 100 percent, therefore, he does feel like the Town Council has some control over the
organization. Assistant Town Manager Moore commented that the Chairman of the Downtown
Wytheville, Incorporated Board of Directors, presently, is a Town Council member. He noted that
does not necessarily always have to hold true, but, currently, the Chairman is a Town Council
member.
Mr. John Woods was recognized and stated that he is the Executive Director of Downtown
Wytheville, Incorporated. He explained the way the Design Committee is set up right now, they
have a management responsibility for the Downtown Improvement Grant, which came from the
Virginia Department of Housing and Community Development. Mr. Woods expressed that as a
part of the grant, the Design Committee is required to have a certain make-up, which includes a
representative from the Town of Wytheville. He noted that, currently, Assistant Town Manager
Moore, and/or Mr. Brian Freeman fill the position on the Design Committee. Mr. Woods stated
Councilman Judson Lambert is, also, currently, a member of the Committee. He commented that
the Downtown Wytheville, Incorporated Board of Directors has made an effort to keep a strong
representation of the Town of Wytheville for the Committee, at this time. Mr. Woods expressed
that the Committee is very excited about the opportunity to take on this role and to try and make
the process of review of design improvements in the downtown friendlier to the businesses. He
commented that the Downtown Wytheville, Incorporated Board of Directors requires that the
members of the Design Committee be from the business community. He explained he means
either as property owners or owners of a business downtown. Mr. Woods advised that if the
Commission had any other questions to feel free to ask. Chairman Jones noted there was not
anyone listed on the sign-in sheet stating they wanted to speak during this public hearing. He
inquired if there is anyone who wished to address the Planning Commission in regard to this
public hearing. There being none, he declared the public hearing closed. Chairman Jones
proceeded with the agenda.
RE: RECOMMENDATION TO TOWN COUNCIL - PROPOSED AMENDMENTS TO THE
BUSINESS DISTRICT B-2 DT GENERAL BUSINESS DOWNTOWN
recommendation to the Town Council to consider amending Article XI-A Business District B-2 DT
-General Business District- Downtown in the Town of Wytheville Zoning Ordinance regarding
the review of signs and alterations to buildings for Certificates of Appropriateness. He inquired if
there is a motion to make the recommendation to approve or deny this proposed amendment. A
motion was made by Dr. Suarez and seconded by Mr. Lambert for the Planning Commission to
make a recommendation to the Town Council to consider amending Article XI-A Business District
B-2 DT- General Business District- Downtown in the Town of Wytheville Zoning Ordinance
regarding the review of signs and alterations to buildings for Certificates of Appropriateness.
Chairman Jones inquired if there is any discussion on the motion. There being none, the motion
was approved with the following voting in favor and there being no opposition:
FOR:
Kenny W. Ervin, Cathy D. Pattison, H. Judson Lambert, Charles E.
Shockley, Kevin L. Varney, Terrance E. Suarez, John W. Jones, Jr.
AGAINST:
None
ABSTENTIONS:
None
recommendation to the Town Council to consider amending Article XI-A Business District B-2 DT
-General Business District- Downtown in the Town of Wytheville Zoning Ordinance regarding
the review of signs and alterations to buildings for Certificates of Appropriateness is approved.
Chairman Jones proceeded with the agenda.
AGENDA INFORMATION
Meeting Date:
Monda~April13,2015
Item Name:
Public Hearings
Item Number:
F-3
Subject:
Zoning Ordinance Amendments Regarding
Temporary Signs and Banners
SUMMARY:
A public hearing has, also, been scheduled to consider amending the Zoning
Ordinance, Article XXI - Regulating Outdoor Advertising in Sight of Public Streets, in
the Town of Wytheville, Virginia, regarding permits for temporary signs and the
timeframe for banners to be installed. The recommendation of the Planning Commission
is enclosed, which recommends the approval of these amendments. Action on this
matter will, likewise, be taken later in the meeting in the form of an ordinance.
Request:
Consider amending Article XXI - Regulating Outdoor Advertising in Sight of Public
Streets, in the Town of Wytheville, Virginia, in the Town of Wytheville Zoning Ordinance
regarding permit requirements and the timeframe for temporary signs and banners to be
installed.
the Planning Commission would recommend amending Article XXI - Regulating
Outdoor Advertising in Sight of Public Streets, in the Town of Wytheville, Virginia, in the
Town of Wytheville Zoning Ordinance regarding permit requirements and the timeframe
for temporary signs and banners to be installed.
G:\PLANCOMM\Recommendations\temporary sign permit requirements and banner installation timeframe recommendation to town
council. doc
Amendments to Sign Ordinance
Staff Report
The Town Council has proposed revisions to the Sign Ordinance for "temporary
signs" that would require a sign permit for "temporary signs," including "banner
signs." The intent for these to be "temporary" has prompted a provision that
restricts the time to 90 days.
Background
The renewed emphasis on downtown Wytheville and revisions to the B-2 DT Business
District have prompted a number of discussions and some revisions to related ordinance
provisions. One of these discussions involved "banners," which are considered
"temporary signs" in the Sign Ordinance. Because there were a number of abuses of the
use of banners and temporary signs, the Council discussed a number of revisions to the
"temporary sign" provisions of the Sign Ordinance. These revisions or amendments
included the removal of the exclusion for a sign permit and a limitation of 90 days for all
temporary signs. Since a permit will be required, a fee will also be associated with the
temporary sign, and a waiver of the sign permit fee may be possible, if a Certificate of
Appropriateness is issued by the Design Committee of Downtown Wytheville,
Incorporated.
Discussions/Considerations
The Town Council has reviewed the revisions or amendments to "temporary signs," which
include banners, and they would like for the Planning Commission to review and make a
recommendation to them regarding these changes. At the last Planning Commission
meeting, a discussion ensued about the potential to increase the time limit. No specific
changes were recommended, and it was decided to hold the public hearing and see if the
public had any preference for timeframes.
The latest vinyl materials that most banners are composed of do seem to have a useful
life beyond 90 days, so the appearance is no longer an issue. However, as was briefly
discussed at the last meeting, a "temporary sign" should be "temporary" and not be used
for the permanent business sign.
The Planning Commission can recommend the proposed time of 90 days, recommend a
longer time and other reasonable changes or recommend that it not be adopted.
G:\PLANCOMM\Staff Reports\Sign Ordinance Amendments- Staff Report- March 2015.docx
(50)
"Street" means every way or place of whatever nature open to
the use of the public for purposes of vehicular travel in this Town.
(51)
"Sub-anchor tenant for neighborhood shopping centers" means
a retail store containing not less than 10,000 square feet of ground floor
building area. 28
(52)
"Sub-anchor tenant for planned community shopping center"
means a retail store containing not less than 20,000 square feet of ground
floor building area. 28
(53)
"Temporary sign" means a sign constructed of light material,
with or without a frame, the use of which sign is intended for a limited period
of display, and the term shall apply to a sign advertising a seasonal or activity
such as holiday displays,
and auction sales
or for any political party or for the candidacy of any individual for
any nomination of office.2i Such signs will be subject to the approval of the
Town Council and any conditions set forth by the Council. Regulations
concerning political signs will be promulgated by the Council and will address
application, length of time, penalties, and other matters the Council deems
necessary. 26
Advertising banner signs are also classified as temporary signs
and are constructed of cloth or other weather durable material manufactured
with the intent of being erected outdoors as an advertising sign. Advertising
banners are intended to be supplemental to other permitted signs and are
10
XXI - SIGN ORDINANCE
not to be used as the sole sign for the business establishment. Advertising
banners are not permitted in R-1 Residential, R-2 Residential, R-3
Residential and R-3 MH Mobile H
Advertising banners must
be affixed within the confines of the property on which they are located and
shall not be affixed to any appurtenance within the rights of way of Town
streets. Each advertising banner sign shall be issued a sign permit, without
charge, by the Zoning Administrator or his designee and shall remain valid
remov,edr;/f
4/MAMIJilllllili·iJilUII/i'MfLvAeJ!Ijp,.JtfftJl.Riill' tC) nlq~ty (90) days, it shall
deteriorated condition. The sign permit is used on the basis that its removal
because of deteriorated condition is at the sole discretion of the Zoning
Administrator who shall revoke the permit on said advertising banner sign.
Provisions contained herein relating to temporary advertising banner signs
are expressly excluded as a part of the regulations pertaining to the
downtown; and, therefore, are not subject to review by Board of Architectural
Review. 36
Portable signs are not permitted except as may be permitted by the
Town -
Council for limited periods of time. A "portable sign" is
defined as a sign not permanently anchored to the ground or to a building or
structure and which is constructed in such a manner as to permit its easy
removal as, for example, a sign mounted upon an axle and wheels.
11
XXI - SIGN ORDINANCE
PLANNING COMMISSION MEETING OF MARCH 12,2015
RE: PUBLIC HEARING - PROPOSED REVISIONS TO THE SIGN ORDINANCE
is to consider amending Article XXI - Regulating Outdoor Advertising in Sight of Public Streets,
in the Town of Wytheville, Virginia, in the Town of Wytheville Zoning Ordinance regarding the
review of signs in the Business District B-2 DT- General Business District- Downtown, and for
the timeframe for banner signs to be installed. He explained that some of the revisions include
setting a timeframe for a banner sign to be installed as ninety (90) days, at which time its removal
would be required, and, also, that banner signs would require a sign permit fee. Chairman Jones
inquired if Assistant Town Manager Moore had any comments. Assistant Town Manager Moore
stated the staff report is self-explanatory unless the Commissioners have any questions.
Chairman Jones advised that the sign-in sheet did not have anyone listed stating they wished to
address the Planning Commission in regard to this public hearing, however, if anyone wished to
address the Commission on this topic, they may do so at this time. There being none, he declared
the public hearing closed. Chairman Jones proceeded with the agenda.
RE: RECOMMENDATION TO TOWN COUNCIL- PROPOSED REVISIONS TO THE SIGN
ORDINANCE
recommendation to the Town Council to consider amending Article XXI -Regulating Outdoor
Advertising in Sight of Public Streets, in the Town of Wytheville, Virginia, in the Town of Wytheville
Zoning Ordinance regarding the review of signs in the Business District B-2 DT - General
Business District- Downtown, and for the timeframe for banner signs to be installed. He inquired
if the Commission members had any questions or comments in regard to this recommendation.
Chairman Jones inquired if there is a motion to make the recommendation to approve or deny the
proposed revisions. A motion was made by Mr. Lambert and seconded by Ms. Pattison for the
Planning Commission to make a recommendation to the Town Council to consider amending
Article XXI - Regulating Outdoor Advertising in Sight of Public Streets, in the Town of Wytheville,
Virginia, in the Town of Wytheville Zoning Ordinance regarding the review of signs in the Business
District B-2 DT - General Business District - Downtown, and for the timeframe for banner signs
to be installed. Chairman Jones inquired if there is any discussion on the motion. There being
none, the motion was approved with the following voting in favor and there being no opposition:
FOR:
Terrance E. Suarez, Kevin L. Varney, Charles E. Shockley, H. Judson
Lambert, Cathy D. Pattison, Kenny W. Ervin, John W. Jones, Jr.
AGAINST:
None
ABSTENTIONS:
None
recommendation to the Town Council to consider amending Article XXI- Regulating Outdoor
Advertising in Sight of Public Streets, in the Town of Wytheville, Virginia, in the Town of Wytheville
Zoning Ordinance regarding the review of signs in the Business District B-2 DT - General
Business District- Downtown, and for the timeframe for banner signs to be installed is approved.
Chairman Jones proceeded with the agenda.
AGENDA INFORMATION
Meeting Date:
Monday,April13,2015
Item Name:
Public Hearings
Item Number:
F-4
Subject:
Rezoning Request- Fairfield Glade Company
SUMMARY:
A public hearing has been scheduled to consider the request of Fairfield Glade
Company for the rezoning of a certain portion of property located on the west side of
Stafford Umberger Drive between George James Drive and Tremough Drive from R-3
Residential to M-1 Industrial. The Planning Commission recommendation is enclosed,
which recommends the approval of this rezoning request. Action on this matter will be
taken later in the meeting in the form of an ordinance.
Request:
Consider the request of Fairfield Glade Company to rezone a portion of property located
on the west side of Stafford Umberger Drive between George James Drive and
Tremough Drive from R-3 Residential to M-1 Industrial.
Attendees at Planning Commission Meeting Regarding this Request:
Kathy Laster, Don Laster, Marie B. Bishop, Douglas Cassell, H. B. Umberger, Steve
Willis, Pamela Montgomery, Charles Ganci, Rose Stark, Joe Chase, Ellen King, Bill
King, Bill Smith
Proponents of the Request:
Bill Smith
Opponents of the Request:
H. B. Umberger
Most citizens advised that they were attending to receive more information.
After conducting the public hearing and listening to the concerns of citizens and
answering questions of the neighboring residents, it would be the recommendation of
the Planning Commission that the Town Council approve the request of Fairfield Glade
Company to rezone a portion of property located on the west side of Stafford Umberger
Drive between George James Drive and Tremough Drive from R-3 Residential to M-1
Industrial, with the following stipulation:
1. The buffer yard regulation be increased on the perimeter of the property requiring
a buffer yard from twenty (20) feet to forty (40) feet.
G:\PLANCOMM\Recommendations\fairfield glade R3 to M1 rezoning recommendation to town council.doc
Rezoning of a Portion of the
Fairfield Glade Subdivision Area
Staff Report
Background
In 2006, the Joint Industrial Development Authority of Wythe County (JIDA) requested the
rezoning of undeveloped property in Fairfield Industrial Park from M-1 Industrial to R-3
Residential because they felt that all of the property that was suitable or feasible for
industrial development had already been developed. This property was rezoned to R-3
Residential and listed for sale. The Fairfield Glade Company purchased the property from
the JIDA, and subdivided the property and completed Phase I of the development.
Recently, an industry has expressed an interest in locating on approximately 16 acres of
land that is adjacent to Stafford Umberger Drive. The Fairfield Glade Company is
interested in rezoning this property to M-1 Industrial to accommodate this industry.
Consideration and Discussion
This property is accessible from Stafford Umberger Drive, and it was, originally, part of
Fairview Industrial Park. After the development of Progress Park, emphasis and sales of
the smaller properties in Fairview Industrial Park declined. Ultimately, the JIDA decided to
rezone and sell the property because it was thought that due to topography, access and
other issues, the development costs would be too high to make the residual property
attractive to industries. The property was rezoned to R-3 Residential, and the future zoning
map was changed to reflect this change in zoning. Since 2007, residential development in
Wytheville has become stagnant. There are two relatively new subdivisions with a
significant number of available lots. Fairfield Glade Phase I (the only phase offive phases
to be developed) has been complete for approximately six years, and only one home has
been completed and sold. At present, it would seem that this would be an acceptable
change given the distance that this property would be from any residential development.
Mr. Smith appears to control most of the land adjacent to this proposed rezoning. He could
offer some "proffers" to lessen this industrial use impact to the adjacent residential
neighborhood.
If there is no outstanding and reasonable objection from adjacent landowners, the Planning
1
Commission may want to consider recommendation of this rezoning. For protection of the
adjacent landowners, the Planning Commission has some tools at its disposal, such as the
"buffer yard" regulations which are used to lessen the impact of this rezoning on the
adjacent residential neighborhood. The Planning Commission could suggest proffers that
may increase this buffer area if it is felt that the need exists. This would be dependent upon
the "build-out" of the residential subdivision, and/or the type of business proposal.
Should the Planning Commission feel that this rezoning is appropriate, the Commission
may want to suggest that the buffer yards be increased or more sight and sound revisions
required. Examples would be increasing the requested buffer yard from 20 feet to 30 feet,
providing solid fences versus planting screens, etc.
Should this change be recommended and approved by the Council, the Planning
Commission must address changing the future land use map in the Comprehensive Plan to
match.
G:\PLANCOMM\Staff Reports \Fairfield Glade Company Rezoning Request- Staff Report- March 2015.doc
2
;
TOWN OF WYTHEVILLE
APPLICATION FOR REZONING
Name of Applicant:
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Phone Number of Applicant: J/..-/7 f't._ev,/f.t_ )ti.. ~ r-2(Home)
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Mailing Address of Applicant:
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I (We) the above named applicant(s) request the property located on the
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(existing zoning classification) to VU ""1 U
u~'tr-~~uested zoning classification).
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The owner (s} of the above described property are as follows:
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Same as applicant
Other - Provide Information
Phone: ---------------------------------------------------------If the property owner is other than the applicant, describe the relationship (i.e., have option on land, legal
counsel for owner, etc. ____________________________________________
Describe the intended purpose of the request to change the zoning classification of this parcel of
property.
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Describe any improvements (structures, etc.} now existing on the described property.
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Describe any improvements which are proposed if the rezoning request is approved. _ _ _ _ _ __
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I (We} certify the above information is true and correct.
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Date:
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INTERNAL USE ONLY
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Date application and fees received:. __
1
Future Land Use zoning designation:._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Publication dates for public hearings:
Planning Commission: _ _ _ _ _ _ _ _ _ _ _ _ _ __
Town Council:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Date request was presented to Town C o u n c i l : - - - - - - - - - - - - - - - - - - - - Date request was presented to Planning Commission:
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Date public hearing conducted by Planning Commission:
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Date recommendation of Planning Commission presented to Town Council: _ _ _ _ _ _ _ _ _ __
Date Public Hearing conducted by Town C o u n c i l : - - - - - - - - - - - - - - - - - - - Approved (
) or disapproved (
Number of ordinance approving the rezoning r e q u e s t : - - - - - - - - - - - - - - - - - -
H:IFORMSLET\REZONING.APP.doc
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RE: PUBLIC HEARING- FAIRFIELD GLADE COMPANY REZONING REQUEST
to consider the request of Fairfield Glade Company to rezone a portion of property located on the
west side of Stafford Umberger Drive between George James Drive and Tremough Drive from R3 Residential to M-1 Industrial. He noted that this portion of property proposed to be rezoned
contains approximately 16 acres. Chairman Jones explained that if this tract is rezoned, Fairfield
Glade Company plans to subdivide it from the residual of the property. He inquired if Assistant
Town Manager Moore had any comments regarding the request. Assistant Town Manager Moore
advised that he did not have any comments and noted that the staff report enclosed in the
Planning Commission packet is self-explanatory. He remarked, however, there are a number of
people attending the meeting that may be interested in this agenda item. Assistant Town Manager
Moore inquired of the citizens if they each had a copy of the proposed area and information they
feel is necessary to understand the request. He inquired if anyone had any particular questions
in regard to the rezoning request. Chairman Jones advised anyone wishing to address the
Planning Commission to approach the podium so everyone can hear and the minutes can be
properly recorded.
Ms. Kathy Laster was recognized and stated that she is not exactly sure how the process of
addressing the Planning Commission works. She noted that, in November, she and her husband
purchased the property located at 440 Fairfield Lane, which is in Phase I of the Fairfield Glade
Subdivision. Ms. Laster commented that she did not hear exactly what Chairman Jones had just
read. She remarked that the information they have did not include that the property proposed to
be rezoned contains approximately 16 acres. Ms. Laster advised that she wanted to clarify that
information. She inquired of the Commission if what Chairperson Jones was stating was that the
proposed rezoning is not for the whole tract of the Fairfield Glade Subdivision but, rather, the
eastern portion of the subdivision. Chairman Jones stated that is correct, and the proposed
rezoning is only for approximately 16 acres of the subdivision. Ms. Laster stated that she has a
copy of the map and that the land that is proposed to be rezoned is highlighted in yellow, but that
she did not know how much of that highlighted area is proposed to be rezoned. She inquired of
the Commission if she is correct and the area highlighted in yellow is the proposed 16 acres.
Chairman Jones stated that is correct. Ms. Laster remarked that she has other questions, but
noted that she would wait until later to inquire of the Commission. Chairman Jones expressed to
Ms. Laster that her name was listed first on the sign-in sheet, therefore, she may finish addressing
the Commission at this time. Ms. Laster commented that this information basically answers most
of her questions. She inquired of the Commission if any of the construction traffic or vehicular
traffic will be going through the Fairfield Glade Subdivision. Chairman Jones stated the traffic will
not be going through the subdivision. Ms. Laster inquired of the Commission where the access
road will be located for the construction of the warehouse facility. Vice-Chairman Shockley and
Chairman Jones stated the access road would be Stafford Umberger Drive. Ms. Laster
commented that she is only inquiring and that she is not for or against the rezoning of the property.
She reiterated she is only trying to clarify where the access road will be. Ms. Laster noted that
she and her husband are new to the area. She reiterated she is only clarifying the information by
asking questions. Ms. Laster inquired if this is the correct forum for asking questions. Chairman
Jones stated that is correct. Ms. Laster inquired of the Commission if there will be fencing around
the 16 acres of proposed industrial property. Assistant Town Manager Moore advised that Town
staff does not have any of that particular information at this time, however. it is possible that the
property owners may fence the acreage. Ms. Laster inquired of the Commission, and she noted
that the Commission probably cannot announce this information publically, if the property has
been sold and if it is under contract for any particular industry. Assistant Town Manager Moore
advised that Town staff does not have any of the information about who the proposed industry is.
He noted that he thought Mr. Bill Smith might be in attendance at this meeting, however, he does
not see Mr. Smith. Vice-Chairman Shockley inquired of Assistant Town Manager Moore if Mr.
Smith still owns the property. Assistant Town Manager Moore stated that is correct. Ms. Laster
thanked the Planning Commission and noted that is all of the questions she has at this time.
Chairman Jones thanked Ms. Laster for addressing the Commission.
Chairman Jones inquired if Mr. Don Laster would like to address the Commission at this time. Mr.
Laster declined to address the Planning Commission.
Chairman Jones advised that there is no one else listed on the sign-in sheet who stated they
wished to address the Planning Commission in regard to this agenda item. He commented,
however, if there are others who wish to speak during this public hearing, you are certainly
welcome to come forward to the podium at this time and ask questions or make statements.
Mr. Douglas Cassell was recognized and stated he had a couple of questions for the Commission.
He noted that he lives on Tremough Drive. He inquired of the Planning Commission if the traffic
that will be coming from the proposed rezoned property will be coming on to Tremough Drive.
Chairman Jones stated the traffic will not be coming on to Tremough Drive. He explained to Mr.
Cassell that traffic will be coming down Stafford Umberger Drive, which means the traffic would
be coming through the industrial park. Mr. Cassell remarked that it is similar to where the road
was designed to go to start with. Chairman Jones stated that is correct. Mr. Cassell advised that
is all of the questions he has for the Commission. He thanked the Planning Commission for
allowing him to speak. Chairman Jones thanked Mr. Cassell for addressing the Commission
members.
Chairman Jones inquired if there is anyone else who has any questions regarding the proposed
rezoning request. An inquiry was made if there would be time later during the meeting to address
the Planning Commission regarding this topic. Chairman Jones advised there would be time later
to address the Commission. He stated he planned to close the public hearing, allow the
Commission to discuss the request and if questions come up after the discussion, the Planning
Commission would be glad to hear from the citizens at that time. Chairman Jones explained that
after the Commission finishes their discussion, since most of the people attending the meeting
are interested in this topic, the Commission plans to go ahead and vote so that those in
attendance are at liberty to leave the meeting, if that is the only topic they are interested in hearing
about.
Mr. Don Laster was recognized and stated that he still has a few concerns. He noted his wife
Kathy Laster just addressed the Commission. Mr. Laster commented that in 2005, the Joint
Industrial Development Authority sold the proposed rezoned property to Smith Enterprises. He
remarked that, apparently, the Joint Industrial Development Authority stated the land was not
suitable for industrial development. Mr. Laster expressed that, also, on November 19, 2009, the
Joint Industrial Development made the same statement. He stated there is this property that is
being rezoned and a lot of easements, etc. are being granted for this property. Mr. Laster advised
that his concern is in regard to the peace and quiet, the property value and the fact that there is
going to be a new industry on the property that will take away from the peace and quiet of the
area. He remarked that supposedly, according to the Town Zoning Ordinance, if there is a
business built, it is required to have a fence around the property of some kind. Mr. Laster
expressed that Assistant Town Manager Moore stated that he did not know if a fence is required.
He commented that he did not know either. Mr. Laster remarked there should not be one rule for
residential zoned property and another for industrial zoned property. He apologized for not being
a good public speaker. Mr. Laster advised that he did not have anything further other than
requesting a fair public hearing. He commented he did not understand why all of the Tobacco
Commission money, etc. is being used by different agencies. Mr. Laster stated that the situation
seems kind of "smokey" to him. He thanked the Planning Commission for allowing him to speak.
Assistant Town Manager Moore advised that he thinks he can address Mr. Laster's issue in regard
to the fence. He stated the Town does have a regulation in the Zoning Ordinance that requires a
buffer zone between different intensities of use. Assistant Town Manager Moore noted this is a
situation where the buffer zone would be required between the residential and industrial use. Mr.
Laster inquired of Assistant Town Manager Moore if the fence is for sound, fumes, etc. Assistant
Town Manager Moore explained that it is very specific in the Zoning Ordinance as to what is
required. He noted it is a 20 foot area, and there is a planting of a tree screen or something of
that effect on a staggered basis. Assistant Town Manager Moore remarked that the ordinance is
very specifically described. He expressed that he could get that information to Mr. Laster.
Assistant Town Manager Moore commented that when Ms. Laster asked earlier in the meeting if
a fence would be installed, that is not what he was picturing. He remarked that in his mind he was
thinking Ms. Laster wanted to know if the proposed industry would be installing a fence. Assistant
Town Manager Moore advised that Town staff does not know if the industry is going to install a
fence, however, they would be required to have a buffer zone. Mr. Laster remarked that he
believes there is a fence requirement, too, besides a buffer zone. He noted that he may be
mistaken, but from what he read, a fence is required. Assistant Town Manager Moore stated he
is not aware of a particular fence, but he thinks there can be a fence or a green hedge type screen,
however, he will double check the ordinance for clarification. He remarked that he would check
the Zoning Ordinance, and he would have an answer for Mr. Laster before the meeting adjourns.
Chairman Jones inquired if there is anyone else who wished to address the Planning Commission
during this public hearing. There being none, he declared the public hearing closed. Chairman
Jones proceeded with the agenda.
RE: RECOMMENDATION TO TOWN COUNCIL- FAIRFIELD GLADE COMPANY REZONING
REQUEST
recommendation to the Town Council to consider the request of Fairfield Glade Company to
rezone a portion of property located on the west side of Stafford Umberger Drive between George
James Drive and Tremough Drive from R-3 Residential to M-1 Industrial. He inquired if the
Commission has any questions for Assistant Town Manager Moore. Mr. Lambert inquired of
Assistant Town Manager Moore if an industry wanted to locate there and install fencing, would it
be permitted. Assistant Town Manager Moore stated the industry would be permitted to build a
fence. Vice-Chairman Shockley remarked that he assumed when and if the 16 acres is approved
to be rezoned, the property owners are going to sell off certain parts of the acreage. He inquired
of Assistant Town Manager Moore if he assumed correctly. Assistant Town Manager Moore
advised that it is the Town's understanding the request is to rezone the property and if they are
permitted to rezone, they would sell off this approximately 16 acres for the use of an industry.
Vice-Chairman Shockley stated at this time the Town does not know how the property will be
divided, the entities that will be involved, etc. Assistant Town Manager Moore commented that it
is his understanding it is only one tract that a single industry is interested in purchasing, however,
Mr. Smith is not at this meeting to give the particulars. He reiterated that he did not have that
information to provide to the Commission. Dr. Suarez inquired of Assistant Town Manager Moore
if he has a sense of the distance between the proposed tract and Fairfield Lane tracts. He
remarked that it looks to him like it is the same area, which is 16 acres or so difference between
the tracts of Fairfield Lane. Dr. Suarez inquired of Assistant Town Manager Moore if that sounds
correct to him. Assistant Town Manager Moore advised that he is unsure, however, he can look
at the scale of the map and try to give Dr. Suarez an idea, but it looks like it is approximately 1,000
feet from the subdivision of Fairfield Glade off of Fairfield Lane. He inquired if that is what Dr.
Suarez is asking. Dr. Suarez stated that is what he was asking and is that area and Tremough
Drive where there would need to be a buffer zone. Assistant Town Manager Moore explained that
the buffer zone would be required between any zoning districts where the intensity and the zoning
increase. He commented that, of course, from residential off of Fairfield Glade would be one area,
and the area along Tremough Drive or the lots that align Tremough Drive are zoned residential.
Assistant Town Manager Moore stated that it turns into an Agricultural Zone about the third lot
from the end of the right-of-way of Tremough Drive. He noted the three lots on Tremough Drive
are zoned agricultural. Mr. Ervin expressed that, essentially, the Planning Commission is
considering 16 acres of property that was originally zoned as M-1 Industrial and was rezoned
along with some surrounding property to R-3 Residential. He commented that to take that piece
of property back to M-1 Industrial would seem to him to be a practical decision. Mr. Ervin remarked
that he does not see there being a major problem with most of the residents, and, certainly, not
the folks that live outside of this newly developed residential subdivision. He advised that his
thought is that it probably is a request that should be approved. Chairman Jones inquired if lot
number 25-6-A is in the industrial park. Town Clerk Corvin clarified that lot number 25-6-A is not
in the industrial park. Mr. Ervin commented to Assistant Town Manager Moore that it would be
interesting to know more details on the type of proposed industry for the property. Assistant Town
Manager Moore agreed with Mr. Ervin, however, when the Town received the request for the
rezoning, there may have been some type of verbal discussion about the type of industry that is
proposed for the property, but he does not recall any particulars about who it is or what the
industry's work might be. He stated that he just checked the Zoning Ordinance and there would,
also, be a buffer yard requirement between the Agricultural and Industrial Zoned properties,
should the property be rezoned. Assistant Town Manager Moore remarked that he thinks Mr.
Laster had mentioned that the property had apparently been rezoned. He noted that this property
was previously owned by the Joint Industrial Development Authority and zoned M-1 Industrial.
Assistant Town Manager Moore stated that at the time, the Joint Industrial Development Authority,
apparently, had no luck in selling any of that property over the course of 10-15 years that they
developed it. He explained that they came to the Town and requested that they be able to rezone
the property because they felt like it might be more saleable as residential property. Assistant
Town Manager Moore expressed that Mr. William Smith is the person who purchased the property
and developed it. He noted that a company has come to Mr. Smith stating that they would like to
develop an industry on the end of that property. Assistant Town Manager Moore explained that
Mr. Smith has, in return, requested the Town to rezone the property back to M-1 Industrial. He
remarked that is a very brief history of what has happened over the course of the last few years.
Assistant Town Manager Moore stated, in the meantime, Mr. Smith did develop the Fairfield Glade
Subdivision, which has one home in it. He commented that the subdivision was finished around
2008, and, in 2007, the housing crisis happened, therefore, there have been very few lots
developed and sold in Wytheville. Assistant Town Manager Moore stated the subdivision has
been very slow to develop, which is probably what has prompted Mr. Smith to request the rezoning
of the property because he has a buyer interested in locating an industry on the property. ViceChairman Shockley remarked that it is noted on the rezoning application that Mr. Smith is
proposing to construct a distribution facility. He commented that he would imagine it would be a
trucking company of some type. Vice-Chairman Shockley stated there is not a railroad close,
therefore, it has to be a trucking company of some type. Assistant Town Manager Moore
explained that along George James Drive there is a flooring distributing facility who distributes
flooring. He expressed that the facility has a number of trucks, maybe not 18-wheelers, but there
are panel type trucks. Assistant Town Manager Moore advised that it would be hard for him to
guess what types of trucks might be there, and that he, certainly, would not want to try to speculate
on that. Vice-Chairman Shockley stated that would create some additional traffic on Stafford
Umberger Drive. Assistant Town Manager Moore advised that is correct. Vice-Chairman Shockley
commented that other than some additional traffic, he does not really see a lot of negatives. He
noted that the property is out in the middle of a lot of acreage and that nobody is really that close
from the homestead. Mr. Ervin stated that he would think that it will be a similar industry to those
that are located there now. He remarked that it should be compatible with the community. Mr.
Ervin noted that he is sure the community does not want to see a Dowell Chemical Company or
Eastman Chemical Company locate on the property, but on 16 acres of land, there will not be a
lot of room for a big industry. Vice-Chairman Shockley inquired of Assistant Town Manager Moore
if the Planning Commission still has some control as to what locates on the property, from the
zoning standpoint. Assistant Town Manager Moore stated that is absolutely correct. ViceChairman Shockley commented, therefore, it is not just wide open to whatever the property
owners want to build on the land. Assistant Town Manager Moore explained that if the property
is rezoned, anything that meets the use under the M-1 Industrial Zoning District, which is lighter
industrial use, it would qualify the industry to locate on the property. Vice-Chairman Shockley
noted that he likes the word "light" use. Assistant Town Manager Moore advised that it is lighter
than M-2 Industrial, which has a few heavier industries. Mr. Varney commented that he drove to
the property to view it and see how it would affect the neighboring property owners, especially the
homes, if something were to locate on the property. He explained that in the application, he
noticed it states "81 ,000 square feet," which would be approximately a 200 feet by 400 feet facility.
Mr. Varney remarked that even if the Planning Commission recommends the property be rezoned,
and, again, he knows this is a repetitive question, but will the Town still have control. He
commented if he understands correctly, the Planning Commission can even require changes be
made to the buffer area as to what the distance is and what is required in the buffer area. Mr.
Varney inquired of Assistant Town Manager Moore if that is correct. Assistant Town Manager
Moore stated that the Planning Commission can make a recommendation relative to distance and
separation above and beyond. He explained that the State Code is very particular in that regard.
Assistant Town Manager Moore advised that the developer may then make proffers before the
Town Council meeting stating that they are willing to comply in exchange for this rezoning,
however, that would have to occur at that level, and the developer would have to be offering the
proffer to the Council. He expressed that the Planning Commission could state that they have
reservations about this, and the Commission would suggest if a 40' strip was a buffer and
required, then the Commission might think it would be recommendable to the Council. Assistant
Town Manager Moore stated that is a very fine line. He noted that the industry has to then be able
to get the information to the developer, and the developer has to state their willingness to make
the commitment in writing prior to the Council meeting. Assistant Town Manager Moore advised
that the Planning Commission has some control over it, but whether all of that transpires or not,
he does not know. He noted that the industry would be able to qualify with those provisions.
Chairman Jones inquired of Assistant Town Manager Moore if the Commission requires a buffer
zone, and noted they should, and if it would start at lot 24A-1-29, come down and go over to
where lot 25-6 is located. Assistant Town Manager Moore advised that it would, basically, involve
the southern and western property lines because they are residential and agricultural. He
commented that the buffer zone would not be required to the now existing industrial property.
Assistant Town Manager Moore stated he has the information Mr. Laster requested earlier in
regard to the buffer yards. He noted that the buffer yards are required to be 20 feet in width,
continuous except for provisions of entrances and exits, which would not apply, and shall consist
of at least two rows of Leyland Cypress trees placed at least five feet apart. Assistant Town
Manager Moore explained that there would be a 10 foot spacing of staggered trees. He stated
that each row is based at 20 feet on center maximum and staggered from the opposite row such
that the effect is a staggered row of trees spaced at the maximum of 10 feet apart. Assistant Town
Manager Moore commented that the minimum height of the tree is five feet tall at the time of
planting and shall be healthy, nursery stock. He stated the planting shall occur at an appropriate
time of year to ensure healthy tree growth. Assistant Town Manager Moore noted several
provisions for the replacement in the event that the trees are not healthy stock. He explained that
the ordinance, also, allows that there would be an architectural screen of at least five feet in
height. Assistant Town Manager Moore remarked that if the trees are not used, such architectural
screen shall be an opaque fence of treated wood, vinyl, brick or other decorative masonry and
shall be constructed to provide an attractive and durable barrier. He stated that evergreen
landscaping consisting of approved trees and shrubs shall be placed at a minimum of 20 feet on
center and on both sides of the screen. Assistant Town Manager Moore clarified that it is either a
solid fence that is five feet high or the green screen with the minimum of five feet in height and
staggered at 10 feet apart. He inquired of Mr. Laster if what he read is clear. Assistant Town
Manager Moore noted that he could provide copies for the citizens.
Chairman Jones inquired if the Planning Commission had any other questions or comments. He
inquired of the citizens if they had any further questions, since this topic has been further
discussed.
Mr. William King was recognized and stated he had a question in regard to the map. He explained
that he lives on Tremough Drive beside of Mr. Tommy Cline. Mr. King expressed that the way the
provided map shows, the property that is proposed to be rezoned is located behind his property
and Mr. Cline's property. He proceeded to inquire about the map and asked if he is clear in regard
to his question. Mr. King stated the map is showing that the buffer zone is proposed to be directly
behind his house. A discussion was held concerning the map. Mr. King commented that, to him,
it looks like the property proposed to be rezoned is going to be against the property lines on
Tremough Drive. A discussion was held concerning the vacant lots on Tremough Drive. Mr. King
stated that when the developer drilled in the field, it looked to him like it was going to be on the
far side of the ravine. He explained that the map he is looking at is showing the proposed property
against his and Mr. Cline's property. Mr. King expressed that he would not be as happy if the
proposed property is going to be right up against his property line. He noted that if it is going to
be three acres away, then it will not be a problem, but if it comes to his property line, the next
thing the developer is going to want to do is tie into Tremough Drive and run the traffic count up.
Mr. King stated that he lives in a nice, quiet neighborhood that does not have any traffic, currently.
He noted that a neighbor of his inquired about the traffic on Tremough Drive. Mr. King remarked
that if the traffic for the proposed property is going to enter on Stafford Umberger Drive, it
eliminates that problem. Vice-Chairman Shockley inquired of Mr. King if anyone owns the four
lots that are adjoining this property that is proposed to be rezoned. Mr. King stated he thinks Mr.
Cline owns the lots, but advised that nobody has built homes on the properties past his house.
He noted that his property is the last lot on the right on Tremough Drive. Assistant Town Manager
Moore clarified that the property Vice-Chairman Shockley is referring to is, actually, owned by Mr.
Donald Repass and Ms. Kathryn Repass. Mr. King commented that he thought Mr. Repass used
to own it, but Mr. Cline purchased the property from the Repasses. He noted that what he is
stating is all hearsay. Mr. King remarked that sometimes when you hear things, they are not
always correct. He stated the map made him think the developer is going to put an industry where
the drill holes, flags and stakes have been placed. Mr. King noted that he presumed that is where
a building is going to be placed. He explained that where the drill holes, flags and stakes have
been placed is nowhere close to the property highlighted on the map. Mr. King remarked that it is
farther over. He commented that if the Commission looks at the Fairfield Glade Subdivision, the
proposed building site is more toward the end on the map. Mr. King noted that he did not agree
with the map provided. A discussion ensued in regard to the map. Mr. King thanked the Planning
Commission for allowing him to speak. Chairman Jones thanked Mr. King for addressing the
Commission.
Chairman Jones inquired if Mr. William Smith had any comments in regard to the rezoning
request. Mr. William Smith was recognized and stated that he did not have any comments,
however, he would be happy to look at the map to see if he could help interpret something. He
commented that he would be interested in knowing where the flags were placed. Mr. Smith
explained that if the flags are outside of the highlighted area on the map, it is another group that
has placed the flags on the wrong piece of property. He noted that the flags could, also, be for
another purpose.
Mr. Bill King was recognized and reiterated that he lives next to Mr. Tommy Cline. He stated that
Mr. Cline, originally, planned to build a house on one of his lots, but not after he heard there was
probably going to be a road built. Mr. King commented that he is not sure where Mr. Cline received
that information. Mr. Smith stated that he is not sure where Mr. Cline received that information
either. Mr. King explained that he is not real happy about an industry being in his backdoor.
Mr. William Smith was recognized and stated that he reviewed the provided map, and there is no
topography showing on the map. He noted that there is high ground located behind R.H. Sheppard
Company, Incorporated, and it goes straight back. Mr. Smith explained that is where the drilling
is supposed to be happening. Mr. King stated that is where the drilling is taking place. He noted
it is on the far side where the branch runs through the property. Mr. Smith stated the proposed
building site is on the far end of the 16 acre lot. He noted that the entrance to the building would
be at the end of Stafford Umberger Drive at the circle near the industrial park. It was noted that
this property is near Mr. John Crowgey's property. Mr. Smith stated that is correct. It was noted
that along the creek is where the drilling has taken place. Mr. King advised that his question is
which side of the creek is the building going to be located. Mr. Smith stated he does not own the
other side of the creek, and noted that his property is adjacent to the R.H. Sheppard Company,
Incorporated industry. Mr. King reiterated that Mr. Smith does not own the property past the
bottom where the creek is. Mr. Smith stated that is correct. Mr. King commented that is not what
the map shows. Mr. Smith advised that the map is correct, but if there was some topography
shown on the map, Mr. King would be able to see that. Assistant Town Manager Moore explained
that on the map, lots 24A-1-29, 30, 31, 32 and 33 are all owned by Mr. and Mrs. Repass. He
stated that he thinks at the end of that is where the fence goes across his farm. Assistant Town
Manager Moore noted that the next two lots, which are lots 24A-1-34 and 24A-1-35 are owned by
Mr. Cline, along with 24A-1-49.
Vice-Chairman Shockley stated that before Mr. Smith arrived to the meeting, the Planning
Commission discussed what type of business Mr. Smith is proposing to build on the lot. He
inquired if Mr. Smith could enlighten the Commissioners as to his plans for the lot because the
paperwork is vague. Mr. Smith advised that he is dealing with a group from North Carolina who
are industrial developers and they are proposing to construct a building, as he understands it, as
a distribution building. He commented that it is not a manufacturer. Vice-Chairman Shockley
inquired if the building would cover the entire 16 acre lot. Mr. Smith stated that the building is only
approximately two acres, but they have to purchase the 16 acres to provide for runoff, grading,
etc. Vice-Chairman Shockley thanked Mr. Smith for his clarification. Mr. Varney stated that while
Mr. Smith is present at the meeting, hopefully, the Commission can help clarify some of the
citizens' questions. He commented that if a person travels down the road from the industrial park
side, which would be Stafford Umberger Drive, if Mr. Smith will look at the map, the property that
is proposed to be rezoned is between the creek and the Stafford Umberger Drive side of the
creek. Mr. Varney remarked that the property does not cross over the creek to where Mr. King's
property is located. He explained that the creek serves as a divider, and it will be on the right side,
meaning if a person lives on that side, this is the side you want it on. Mr. Varney commented that
from what he understands, the building is only going to be approximately 200 feet by 500 feet.
Mr. Smith stated that is correct. Mr. Varney explained that if a person looks at the property,
whoever purchases the property will be limited as far as to the property line even where a buffer
yard has been discussed. He commented that the business will not even be able to get close to
the buffer yard simply because of the lay of the land. Mr. Varney expressed that it is not going to
make sense to develop or build a building, therefore, they are going to stay closer to the roadside,
which will be even further away from Mr. King's property. He stated he hopes that helps clarify
some of the questions. Assistant Town Manager Moore commented that he is not sure if everyone
can see the creek outline along the edge of the proposed property on the map because it is a
faint, crooked line. A discussion ensued in the back of the Council Chambers between the citizens.
Assistant Town Manager Moore stated that he apologizes for the map, but that the map is from
the County's GIS and it is outdated. He noted that the mapping is only updated annually.
Chairman Jones inquired if there are any further questions. Ms. Kathy Laster was recognized and
stated that she and her husband are the new residents of the Fairfield Glade Subdivision. She
noted that she only has two questions. Ms. Laster commented that if the rezoning of the property
is approved and the 16 acre tract becomes industrial, how many acres will remain R-3 Residential.
Mr. Smith advised that it will leave approximately 45 acres. Ms. Laster inquired of Mr. Smith if the
16 acres will come out of the 45 acres or will that leave 45 acres total. She noted that even if the
16 acres does come out of the 45 acres, it will still leave roughly 30 acres for residential. Ms.
Laster inquired of the Commission if the rezoning has to go before the Town Council. Chairman
Jones stated that is correct. Ms. Laster inquired if the rezoning is approved, will construction begin
in about three or four months. Mr. Smith stated that if the property is approved for rezoning and
the property is indeed sold, it will be at least three or four months before construction begins. Ms.
Laster commented, at the minimum, there will be about 29 acres of land left with the intentions of
it remaining R-3 Residential, for the time being. She remarked that this property has been through
a lot of change and rezoning. Ms. Laster stated that she supposed the property started out as an
Agricultural Zoning District, then the Joint Industrial Development Authority purchased the land
and it became M-1 Industrial. She noted they determined that part of the property needed to be
residential property. Ms. Laster expressed there was the crash of the housing economy, therefore,
it was requested to be rezoned M-1 Industrial. Mr. Smith advised that, originally, the property was
part of the Fairview Industrial Park, but that was before he purchased the property. Ms. Laster
advised that she thinks back in 2005, this topic was a big discussion for the Planning Commission,
noting that she had read through the minutes. She commented that the industrial park does have
some good industries located in it. Ms. Laster explained that she just wanted to make sure how
much land will be between her residential property and the proposed industrial property. She
thanked the Planning Commission for allowing her to speak. Chairman Jones thanked Ms. Laster
for her comments.
Chairman Jones inquired if there were further comments in regard to this topic. There being none,
he inquired if there is a motion to make a recommendation to the Town Council to consider the
request of Fairfield Glade Company to rezone a portion of property located on the west side of
Stafford Umberger Drive between George James Drive and Tremough Drive from R-3 Residential
to M-1 Industrial, with a stipulation of a buffer. He stated he is not sure how much of a buffer the
Commission thinks there should be. Chairman Jones explained that now, the buffer is 20 feet,
according to the Zoning Ordinance. He noted that the Commission could recommend to the
Council that it be more. Chairman Jones commented, of course, the requirement would be that
the developer would have to either build a fence or plant trees. He remarked, however, if the
Commission wants to add a little more buffer yard, they certainly have the right to recommend
that to the Town Council. Chairman Jones advised that whoever makes the motion, to please
include the buffer distance in the motion. Mr. Varney stated he thinks it would be wise for the
Commission to increase the distance of the buffer yard. He noted that from the aspect of planting
trees or installing a fence, to him, it would make sense to plant trees because of the aesthetics of
the trees. Mr. Varney commented that in the sense of noise, what the trees would do is keep the
noise level at a minimum. He noted that the trees are going to help. Mr. Varney stated if the
Commission will look at the property, the developer is not going to be able to develop anything
near the buffer yard anyway, but he thinks the buffer yard may provide a sense of security or
peace to the abutting property owners. Chairman Jones inquired if Mr. Varney would like to make
a motion to either recommend to the Council to approve the request or deny the request, and, if
so, how many feet he thinks the buffer yard should be. A motion was made by Mr. Varney and
seconded by Ms. Pattison for the Planning Commission to recommend to the Wytheville Town
Council to approve the request of Fairfield Glade Company to rezone a portion of property located
on the west side of Stafford Umberger Drive between George James Drive and Tremough Drive
from R-3 Residential to M-1 Industrial, with the following stipulation: (1) The buffer yard regulation
be increased on the perimeter of the property requiring a buffer yard from twenty (20) feet to forty
(40) feet. Chairman Jones inquired if there is any discussion on the motion. Vice-Chairman
Shockley inquired of the Commission if the stipulation of the buffer yard is for the entire property.
Chairman Jones stated that is not correct. Vice-Chairman Shockley inquired of Chairman Jones
if the Commission is recommending a buffer yard abutting up to the four abutting property owners
on Tremough Drive. Chairman Jones stated the recommendation is for a buffer yard that would
be required to be built between the M-1 Industrial zoned property and whatever the R-3
Residential zoned property previously was, which is required by the Zoning Ordinance. He
proceeded to show Vice-Chairman Shockley where the buffer yard would be required on the map.
Mr. Varney commented that a 20 foot buffer yard is required by the Zoning Ordinance anyway,
however, the 40 foot buffer yard, to him, would not hurt anybody coming in to develop the property.
He noted, at the same time, he thinks it would give a sense of great security to the abutting
property owners on the other side of the buffer yard. Assistant Town Manager Moore inquired of
Chairman Jones if the buffer yard recommendation is for it to only be adjacent to the R-3
Residential or is it that the increased buffer would only be adjacent to the R-3 Residential.
Chairman Jones stated the recommendation would be that the increased buffer yard would only
be adjacent to the R-3 Residential Zoning District. Chairman Jones inquired if there is any further
discussion on the motion. There being none, the motion was approved with the following voting
in favor and there being no opposition:
FOR:
Terrance E. Suarez, Kevin L. Varney, Charles E. Shockley, John W. Jones,
Jr., Cathy D. Pattison, H. Judson Lambert, Kenny W. Ervin
AGAINST:
None
ABSTENTIONS:
None
Chairman Jones advised that the motion from the Planning Commission to recommend to the
Wytheville Town Council to approve the request of Fairfield Glade Company to rezone a portion
of property located on the west side of Stafford Umberger Drive between George James Drive
and Tremough Drive from R-3 Residential to M-1 Industrial, with the following stipulation: (1) The
buffer yard regulation be increased on the perimeter of the property requiring a buffer yard from
twenty (20) feet to forty (40) feet has been approved. He explained that the Town Council will
have to set another public hearing to consider the recommendation of the Planning Commission,
therefore, there will be a notice in the newspaper in regard to the date of the Town Council's public
hearing. Chairman Jones inquired of Town Clerk Corvin if she knew when the Council's public
hearing for the Fairfield Glade Company request will be held. Town Clerk Corvin advised the
Commission that the Town Council public hearing for the Fairfield Glade Company will be held on
Monday, April 13, 2015, at 7:00p.m., in the Council Chambers. Chairman Jones reiterated that
the Town Council public hearing will be held on Monday, April 13, 2015, at 7:00 p.m., in the
Council Chambers. He advised that this agenda item is concluded. Chairman Jones thanked the
citizens for attending the meeting, speaking and listening to the Planning Commission in regard
to this matter. He noted that the citizens are welcome to stay for the remainder of the meeting, if
they would like, but the Commission knew the majority attending the meeting were here for this
particular public hearing. Chairman Jones proceeded with the agenda.
AGENDA INFORMATION
Meeting Date:
Monday,April13,2015
Item Name:
Committee Reports
Item Number:
1-1
Subject:
Budget and Finance Committee
SUMMARY:
The Budget and Finance Committee will report on the following matters:
a.
Consideration of adoption of a Post-Issuance Compliance Procedures Manual
b.
Community shredding event
BUDGET AND FINANCE COMMITTEE REPORT
APRIL 13, 2015
1.
As it has been discussed a number of times, the Town recently refinanced
approximately $12 million dollars of bonded debt. These bonds were closed on
March 27, 2015. National Bank was the successful bidder on this refinancing
project. Our bond counsel, Mr. Webster Day, advises that as a result of this
issuance, it will be necessary for the Town to adopt a "Post-Issuance Compliance
Procedures Manual." The requirement for adopting this policy manual is by the
Internal Revenue Service. The purpose of this compliance manual is for making
a determination of whether the loan is a tax exempt or nontax exempt obligation.
Obviously, tax exempt obligations provide a better rate for the issuer, being the
Town of Wytheville. The policy requires the Town to disclose, on a periodic basis,
financial information and certain other information that may impact our ability to
service the debt. The procedures manual is attached for your review. It is the
recommendation of the Budget and Finance Committee that the Town adopt the
Post-Issuance Compliance Procedures Manual.
2.
We wanted to take this opportunity to remind everyone about the upcoming
community shredding event. The Town has provided this service on two previous
occasions. The third shredding event will be held on Saturday, April 18, 2015,
between the hours of 10:00 a.m. and 2:00 p.m. This time, the document
destruction services will be provided by Commonwealth Document Management.
Their equipment has more capacity than our previous vendor and because of the
volume of documents that were received previously, we have imposed the
standard that no one can bring anything in excess of what would be held by a 55
gallon container. The event is limited to town residents only, and businesses are
not allowed to participate. Similar to prior events, the shredding event will be held
in the Municipal Building parking lot.
Jacqueline K. King
William B. Weisiger
H:ICOUNCIL\BFCOMMIT. RPT\2015\BFAPR/l 13.doc
2
Town of Wytheville, Virginia
Post-Issuance Compliance Procedures Manual
Table of Contents
Section I - Introduction
1
Section II - Compliance Program Administration
2
Designation of Responsibilities
2
Training and Education
2
Post-Issuance Compliance Assessment
3
Procedure Manual Review
3
Section III - Post Issuance Tax Compliance
3
A. Procedures Related to the Use of Proceeds
3
B. Procedures Related to Accounting for Proceeds
4
C. Procedures Related to the Investment of Proceeds
4
D. Arbitrage Rebate & Yield Restriction Compliance
4
E. Private Business Use
5
F.
Records Retention
G. Procedures Related to the American Recovery and Reinvestment Act ("AARA")
Section IV- Continuing Disclosure
Procedures Related to Continuing Disclosure
Section V- Appendix
Background Information
Other Resources
Section VI - Post Issuance Compliance Assessment Form
5
6
6
6
Section I. Introduction
The Town of Wytheville, Virginia (the "Town" or the "Issuer'') issues public securities to
provide funding for capital projects or to refinance debt previously issued for this purpose.
Public securities issued by the Issuer are typically tax-exempt obligations.
In order for the Issuer to treat the interest on an obligation as exempt from federal income
tax, the Issuer is required to comply with federal tax laws and related federal regulations.
The applicable federal tax laws are primarily set forth in Sections 141-150 of the Internal
Revenue Code (the "Code"). The Internal Revenue Service ("IRS") has promulgated related
federal regulations, revenue rulings, and revenue procedures that address how such
applicable federal tax laws are to be applied.
In conjunction with the issuance of a tax-exempt obligation, bond counsel issues an opinion
that is in part based on the reasonable expectation that the Issuer will comply with federal
tax law requirements to preserve the tax-exempt status of the obligation. The Issuer agrees
to comply with these requirements through representations it makes in the tax compliance
certificate.
With each new issue of tax-exempt bonds, the Issuer files the applicable version of the IRS
Form 8038 with the IRS. The IRS requires the filing of a Form 8038, 8038-G, 8038-GC,
8038-B, or 8038-TC to identify any new issue of bonds that receives a federal income tax
preference. The IRS Form 8038 requires the Issuer to indicate if it has established written
procedures to ensure remediation of any non-qualified bonds of the issue to which the Form
relates (i.e., comply with the private business use rules). The IRS Form 8038 also requires
the Issuer to indicate if it has established written procedures to monitor compliance with the
requirements of Section 148 of the Intemal Revenue Code with respect to arbitrage :rebate
and yield restriction compliance.
Issuers and borrowers are also required to disclose, on a periodic basis, financial information
and certain other information that may impact their ability to service their debt. This
ongoing reporting requirement is known as continuing disclosure. The requirements of
continuing disclosures are set forth in Securities and Exchange Commission ("SEC") Rule
15c2-12. The Issuer makes representations in its official statements and other bond
documents regarding its intent to comply with the requirements of Rule 15c2-12.
The purpose of the procedures set forth herein is to establish administrable procedures to
ensure ongoing compliance with applicable federal tax laws, Rule 15c2-12, bond covenants,
and continuing disclosure agreements.
This document shall be reviewed and updated periodically to ensure that it reflects current
compliance requirements and corresponding procedures that are both practical and
administrable.
Section II. Compliance Program Administration
In order to successfully implement the Post Issuance Compliance management program
described herein, the Issuer will incorporate the responsibility of implementing the
procedures established herein into the positions identified below. In addition to
implementing the procedures, the individuals assigned to implement the Post Issuance
Compliance management program will participate in continuing education on the topics
described herein, and will be responsible for modifying the procedures document as
necessary and appropriate.
Designation of Responsibilities
The Issuer shall create a post issuance compliance program management team (the "PIC
Team") that will be tasked with the responsibility of monitoring compliance with postissuance tax compliance and continuing disclosure requirements. The following is a list of
responsibilities:
1. Chief Compliance Officer- The Town Manager shall be designated as the
Chief Compliance Officer and shall be responsible for the administration and
supervision of the Issuer's post-issuance compliance management program. The
Chief Compliance Officer shall also be responsible for overseeing the timely
filing of information on the MSRB's EMMA System to comply with continuing
disclosure requirements. The Chief Compliance Officer shall be responsible for
the following:
a.
Monitoring the Issuer's Arbitrage Rebate and Yield Restriction Compliance
program, including oversight (with the Treasurer and/ or his/her designee) of
any third-party consultants engaged to perform arbitrage rebate and yield
restriction compliance calculations.
b. Managing the Issuer's record retention program related to debt issuance
documents.
c.
Reviewing the use of facilities and other assets financed by proceeds of taxexempt obligations.
d. Overseeing the timely filing of information on the MSRB's EMMA System
to comply with continuing disclosure requirements.
e.
Coordinate procedures for record retention.
2. Other members of the PIC Team shall include the Town's Treasurer and/or his/her
designee and other staff members as assigned by the Chief Compliance Officer. As
deemed appropriate, the Chief Compliance Officer will delegate post-issuance
compliance duties.
Training and Education
The Issuer will undertake the following training and educational activities:
2
1. The PIC Team members shall participate in regular training on post-issuance
compliance. The Chief Compliance Officer shall be responsible for documenting
participation by these individuals and any other staff that participate in post-issuance
compliance training.
2. The PIC Team will annually review the procedures set forth in this manual and will
review the role and responsibilities of each PIC Team member with respect to
undertaking such procedures.
Post-Issuance Compliance Assessment
On an annual basis, the PIC Team will complete the post-issuance compliance assessment
form. The purpose of the assessment is to document compliance with post-issuance
compliance procedures and to identify any areas of concern. The completed checklist will
become part of the annual debt service audit file.
Procedure Manual Review
The Chief Compliance Officer shall review this procedure document at least annually.
Material changes to this document shall only be made after approval by the Chief
Compliance Officer.
Section III. Post Issuance Tax Compliance
Post-Issuance Tax Compliance includes compliance with the arbitrage rebate and yield
restriction requirements established under Section 148 of the Code and compliance with the
private business use requirements established under Section 141 of the Code. This section
establishes the procedures that the Issuer will implement to monitor and manage the postissuance tax compliance requirements of its tax-exempt obligations. Procedures categories
include:
1.
2.
3.
4.
5.
6.
7.
8.
Use of Proceeds
Accounting for Proceeds
Investment of Proceeds
Arbitrage Rebate and Yield Restriction Compliance
Private Business Use
Record Retention
Procedures related to the American Recovery and Reinvestment Act ("ARRA")
Other miscellaneous compliance procedures
A. Procedures Related to the Use ofProceeds
The PIC Team will monitor the proper use of tax-exempt bond proceeds as follows:
•
Identify the projects approved to be financed by each outstanding tax-exempt
obligation.
•
Verify that tax-exempt proceeds are being allocated to authorized expenditures for
the projects approved for such financing in accordance with the authorizing
3
resolution and in compliance with the Arbitrage and Tax Compliance certificate
relating to the bonds or other instructions of Bond Counsel
B. Procedures Related to Accounting for Proceeds
The Issuer shall institute the following procedures to account for the expenditure and
investment earnings related to the proceeds of tax-exempt obligations.
•
•
•
Separate accounts will be established for each bond issue. The proceeds will be held
in a separate account from the investment earnings on those proceeds.
A listing of each project financed by the bond proceeds, the amount financed and
the expenses allocated to those projects will be maintained and submitted to the
Treasurer as documentation for each draw down of proceeds from the account.
The investment earnings of the proceeds will be drawn down and deposited in the
Town's debt service fund. Those earnings will be used to offset the interest paid on
the applicable bond issue.
C. Procedures Related to the Investment ofProceeds
•
The investment of the bond proceeds will be coordinated with the Town Treasurer
and/ or his designee.
Arbitrage Rebate & Yield Restriction Compliance
•
The Issuer will undertake the following procedures to comply with the requirements
set forth in Section 148 of the Internal Revenue Code and the related federal
regulations:
General Arbitrage Rebate Compliance Procedures
• Identify and maintain a list of all outstanding tax-exempt obligations. Review the tax
certificate, IRS Form 8038-G, verification reports, official statement, and/or other
appropriate bond documents to determine bond-year anniversary dates, five-year
calculation dates, and final maturity dates.
•
Review, not less than annually, the list of all outstanding tax-exempt obligations to
determine the obligations in need of arbitrage rebate and yield restriction liability
calculations and exception compliance analysis.
•
Engage an arbitrage rebate compliance consultant to prepare arbitrage rebate, yield
restriction liability, penalty-in-lieu of rebate and exception compliance reports for the
tax-exempt obligations in need of such analysis.
•
Provide the arbitrage rebate compliance consultant with information (e.g., bond
documents and financial data) needed to perform arbitrage rebate and yield
restriction liability calculations, penalty-in-lieu of rebate and exception compliance
analysis.
4
Procedures Related to Spending Exceptions to Rebate
The Issuer shall undertake the following procedures with respect to monitoring compliance
of each tax-exempt obligation with a spending exception to arbitrage rebate.
•
Monitor the compliance of each "new money" tax-exempt obligation with the
requirements of the spending exceptions to arbitrage rebate by comparing the
cumulative approved expenditures allocated to the proceeds of the obligation to the
spending exception requirements.
o
Not less than on a semi-annual basis, prepare or have the arbitrage rebate
compliance consultant prepare an analysis for each tax-exempt obligation
that indicates compliance with the 6-month spending exception, the 18month spending exception, or the 2-year spending exception.
D. Procedures to Monitor Compliance with Private Business Use
The Issuer will undertake the following procedures to monitor compliance with the private
business use requirements:
•
Before entering into any lease arrangements, management or service agreements,
research agreements, or any other legal arrangements with respect to the use of a taxexempt financed asset, the Issuer will request a review by bond counsel of such
agreement to determine how the agreement will impact the private business use
compliance of the bond issue that financed the applicable tax-exempt asset.
•
Before entering into any agreement to dispose of a tax-exempt financed asset, the
Issuer will request a review by bond counsel of such agreement to determine how
the agreement will impact the private business use compliance of the bond issue that
financed the applicable tax-exempt asset and if a remedial action would be required if
the sale occurs.
•
On an annual basis, the Issuer will estimate the amount of private business use for
each bond issue. If the estimated amount of private business use exceeds 5 percent
for a bond issue, the Issuer will work with bond counsel to determine if the bonds
are not in compliance with the private business use limitations and if any remedial
action is required.
E. Procedures Related to Records Retention
The Issuer will undertake the following procedures to comply with the records retention
requirements set forth in the federal tax law.
•
Maintain all material records for the life of the applicable tax-exempt obligation plus
three additional years after such tax-exempt obligation matures. If a tax-exempt
obligation is refunded, the Issuer will maintain all material records for the later of the
life of the original issue or the refunding issue, plus three additional years after the
final maturity date.
5
•
To the extent possible and practicable, maintain all records in electronic fonnat. All
paper records subject to these requirements shall be segregated from other Issuer
records and will be clearly marked to ensure compliance with the required retention
period.
•
A more detailed discussion of the federal records retention requirements and the
records to be retained can be found in the Appendix under Section V of this
document.
F. Procedures Related to the ARRA
The American Recovery and Reinvestment Act ("ARRA") of 2009 ARRA authorized the
issuance of Build America Bonds ("BABs") and certain other qualified tax credit bonds to
finance governmental projects. The Issuer shall undertake the following post-issuance
compliance procedures with respect to BABs:
•
File all IRS Form 8038-CPs within the time limits required to receive the federal
subsidy payment with respect to the BABs.
•
Follow the procedures established herein to comply with the arbitrage rebate and
yield restriction requirements set forth in Section 148 of the Internal Revenue Code
and the related federal regulations.
•
Confirm that 100 percent ofBABs proceeds are allocated to capital expenditures for
the governmental purpose of the Bonds.
•
Follow all other applicable procedures herein to achieve compliance with applicable
federal tax laws and disclosure requirements.
Section IV. Continuing Disclosure
Procedures Related to Continuing Disclosure
•
File all required financial-based disclosures on EMMA no later than the filing date
set forth in the official statement and, if applicable, disclosure agreement with
respect to the obligation.
•
File any additional financial-based disclosures identified in official statements and
disclosure agreements by the filing due dates.
•
File any mandatory event-based disclosures on EMMA no later than 10 business
days after the occurrence of the event. Prior to filing, the Issuer will consult with
bond or disclosure counsel to determine if the event is considered a material event
under Rule 15c2-12.
6
•
On the advice of bond or disclosure counsel and at the Issuer's discretion, file any
non-mandatory financial-based disclosures and non-mandatory event-based
disclosures on EMMA within a reasonable time period.
•
A more detailed discussion of the federal continuing disclosure requirements can be
found in the Appendix under Section V of this document.
7
Section V - Appendix
Background- Records Retention
Federal tax law requires issuers and conduit borrowers to maintain material records that
support the basis upon which an obligation is treated as exempt from federal income tax.
Federal tax law requires issuers and conduit borrowers to maintain such material records for
the life of the bonds (i.e., to the final maturity date) plus three additional years. If a taxexempt obligation is refunded, then the issuer and conduit borrower are required to maintain
such material records for the later of the life of the original bonds or the refunding bonds,
plus three additional years.
Examples of material records to be retained include:
•
•
•
•
•
•
•
•
•
•
The Bond Transcript (e.g., the closing documents)
Board minutes and/ or resolutions that authorize the issuance of tax-exempt debt
Appraisals related to projects financed with tax-exempt debt
Newspaper advertisements and public notices related to tax-exempt debt
Records that indicate the non-purpose investments that were allocated to the
proceeds of the bonds (e.g., bank statements) and the investment cash flows
associated with such investments
Records related to the acquisition or sale of an investment agreement, hedging
instrument (e.g., interest rate swap), qualified guarantee (e.g., letter of credit
agreement), or a defeasance escrow
Records that indicate the allocation of tax-exempt proceeds to authorized
expenditures (e.g., journal entries)
Any IRS Forms that were filed, such as IRS Forms 8038-T, 8038-R, or 8038-CP
Arbitrage rebate, yield restriction, penalty-in-lieu of rebate, and exception compliance
calculations and reports
Records related to the use of tax-exempt financed facilities and other tax-exempt
financed assets
•
Copies of all management and service contracts, lease arrangements, and research
agreements entered into and related to property financed with tax-exempt proceeds
Background- Continuing Disclosure
SEC Rule 1Sc2-12 requires the disclosure of financial information ("financial-based
disclosures") deemed to be material with respect to the issuer's ability to repay the principal
and interest of a publicly offered obligation. Financial-based disclosures include: 1
•
•
•
•
•
•
•
•
Audited financial statements
Budget information
Changes in fiscal years/timing of disclosures
Interim/ additional financial information and operating data
Investment, debt, and other financial policies,
Information provided to rating agencies, credit support providers, or other third
parties,
Consultant reports
Any other applicable financial data
Required financial-based disclosures include annual financial information concerning the
obligor(s) of the debt, including the information included in the official statement or other
public offering document. In addition, audited financial statements concerning the
obligor(s) of the debt is typically required to be disclosed annually as is any notice of failure
to provide such financial information by the disclosure due date.
SEC Rule 15c2-12 also requires issuers to file notices of events ("event-based disclosures")
that are deemed to be material with respect to the issuer's ability to repay the principal and
interest of a publicly offered obligation. For any tax-exempt obligation issued prior to
December 1, 2010 issuers are required to provide notice to the Municipal Securities
Rulemaking Board ("MSRB") of the following events, if material:
•
•
•
•
•
•
•
•
•
•
•
1 Source:
Principal and/ or interest payment delinquencies
Non-payment related defaults
Unscheduled draws on debt service reserve funds reflecting financial difficulties
Unscheduled draws on credit facilities reflecting financial difficulties
Substitution of credit or liquidity provider, or their failure to perform
Adverse tax opinions, the issuance by the IRS of proposed or final determinations of
taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices
or determinations with respect to the tax-exempt status of the security, or other
material events affecting the tax status of the security.
Modification to the rights of security holders
Bond calls
Defeasances
Release, substitution, or sale of property securing repayment of the security
Rating changes
MSRB
For any tax-exempt obligations issued on or after December 1, 2010, event-based
disclosures are required to be filed with the MSRB not later than 10 business days after the
occurrence of the event. Mandatory event-based disclosures include: 2
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Principal and/ or interest payment delinquencies
Non-payment related defaults, if material
Unscheduled draws on debt service reserve funds reflecting financial difficulties
Unscheduled draws on credit facilities reflecting financial difficulties
Substitution of credit or liquidity provider, or their failure to perform
Adverse tax opinion, IRS notices or events affecting the tax-exempt status of the
bonds
Modification to the rights of security holders
Bond calls (other than mandatory sinking fund redemptions), if material, and tender
offers
Defeasances
Release, substitution, or sale of property securing repayment of the security, if
material
Rating changes
Bankruptcy, insolvency, receivership or similar event of the obligor
The consummation of a merger, consolidation or acquisition involving the obligor or
the sale of all or substantially all of the assets of the obligor, other than in the
ordinary course of business, the entry into a definitive agreement to undertake such
an action or the termination of a definitive agreement, if material
Appointment of a successor or additional trustee, if material
Failure to provide annual financial information as required
Issuers are encouraged by the MSRB to submit non-mandatory event-based disclosures.
Examples of such voluntary event-based disclosures include: 3
•
•
•
•
•
•
•
•
•
•
Amendment to continuing disclosure agreement
Change in the obligor
Notice to investor pursuant to bond documents
Communication from the IRS
Bid for auction rate or other securities
Capital or other financing plan
Litigation/ enforcement action
Change of tender agent, remarketing agent, or other on-going party
Use of derivative or other similar transaction
Any other event-based disclosure
2
Source: MSRB
3
Source: MSRB
Disclosures are required to be filed through use of the MSRB' s Electronic Municipal Market
Access ("EMMA") system. EMMA can be accessed on the MSRB's website at
\V\Vw.msrb.org.
Generally, publicly offered obligations are not exempt from the requirements of Rule 15c212. However, in certain circumstances, disclosure may not be required for an obligation. An
issuer should seek guidance from bond or disclosure counsel regarding the disclosure
requirements for each of its obligations. Additional information is available on the MSRB's
website.
Other Resources
Description
Location
IRS (:ompliance Check Questionnaire Governmental Bonds (Form 14002)
IRS Compliance Check Questionnaire -Advance
Refunding Bonds (Form 14246)
Frequertdy Asked Questions Regarding Record
Retention
htm:LLwww.irs.ggv L1;2ub!.irs-tege!. f14002.pdf
IRS Notice 2008-31 Regarding the Voluntary
Closing Agreement Pro_g£am ("VCAP")
IRS Revenue Procedure 1995-47: Alternative
procedure when the sale~ of IRS SLGS are
suspended
IRS Revenue Procedure 2005-40: Procedures
related to late payments
IRS Revenue Procedure 2008-37: Procedures
related to overpayments_(refunds)
IRS Revenue Procedure 1997-13: Safe harbor
related to certain management and service
ll:gteements
IRS Form 8038G and instructions
ht!;p: LLwww.irs.gov [.pub Lirs-dropLn-08-31.pdf
http: LLW\nv.irs.gm· [.pub Lirs- tege Lfl..J-2..J-6.pdf
htm:LLwww.irs.gov!.taxexemptbondLarticle[.O,.id=1344
35,00.html
htm:L [.www.irs.gov Lpub!.irs-tege[.a;p95 47.pdf
http: LLW\v\v.irs .gov- Lpub [.irs- tcgc b:p-OS-40 .pdf
h!!:l2:L[.www.irs.govLJ;2ub[.irs-dropLa;p-08-37.pdf
htij2: I !.\vww.irs.gm· Lpub[.irs-irbs[.irb97 -OS.pdf
http:L [.W\Nw.irs.gov [.pub [.irs-pdfLf8038g.pdf
http:[.[.www.irs.gov[.pub[.irs-pdf[.i8038g.pdf
IRS Form 8038T and instructions
http: LL\v\nv.irs.gov- Lpub !.irs-pdf/f8U38t.pdf
hq:p: LL\\Ww.irs.goY LpubLirs-pdfb8038t.pdf
Tax-Exempt Governmental Bonds Compliance
Guide (Publication 4079)
ACT Report- After The Bonds Are Issued: Then
What?
http:L[.www.irs.gov [.pub[.irs-pdf[.p4079.pdf
httR:LL\\\Vw.irs.goY [.pub[.irs-tegeLbonds act 0607.pdf
Post-Issuance Compliance Assessment Form
G:\SHERRY\General\Post Issuance Compliance Procedures.docx
Post Issuance Compliance Assessment
This Assessment is be completed annually by the Issuer's Post-Issuance Compliance Team
no later than 90 days after the Issuer's fiscal year end date.
Check all boxes that apply. Disregard procedures that did not apply during the reporting
period and mark as "N /A." In the Notes section, identify and describe the circumstances
regarding applicable procedures that should have been, but were not implemented during the
reporting period. There is no need to address procedures that did not apply during the
reporting period in the Notes section.
Part I. Training and Education
D Did the PIC Team participate in training on post issuance compliance? If so, for
how many hours?
D Additional staff members participated in training on post issuance compliance. The
additional staff members that participated in training on post issuance compliance
were_________________________________________
(List names and titles of participating staff).
D The PIC Team reviewed the Post Issuance Compliance Procedures and each PIC
team member's role and responsibilities with respect to undertaking such procedures.
Part II. Post Issuance Tax Compliance
Use of Proceeds
D Verified that tax-exempt bond proceeds were allocated to expenditures for approved
projects.
D Verified that a reimbursement resolution was adopted prior to the disbursement of
proceeds for a reimbursement or verified that the disbursement does not require a
reimbursement resolution.
D Followed all other Use ofProceeds procedures.
Accountingfor Proceeds
D Allocated expenditures in accordance with Post Issuance Tax Compliance
Procedures.
D Followed all other Accounting for Proceeds procedures.
Investment of Proceeds
D Followed all other Investment of Proceeds procedures.
Arbitrage Rebate & Yield Restriction Compliance
D Directed the arbitrage rebate consultant to prepare arbitrage rebate, yield restriction,
and spending exception compliance calculations for all tax-exempt obligations
subject to the arbitrage rebate and yield restriction requirements.
D Timely provided the arbitrage rebate consultant with the bond documents and
financial data needed to prepare arbitrage rebate, yield restriction, and spending
exception compliance calculations.
D Followed all other General Arbitrage Rebate Compliance procedures.
D Monitored the spending exception compliance of applicable new money tax-exempt
obligations.
D Followed all other Spending Exception Compliance procedures.
D Timely filed all arbitrage rebate and yield reduction payments.
Private Business Usc
D Reviewed records and agreements relating to bond-funded assets for potential
Private Business Use activities.
D Followed all other procedures related to private business use compliance.
Record Retention
D Maintained material records in accordance with record retention procedures.
ARRA Procedures
0 Timely filed all IRS Form 8038-CPs.
D Allocated Build America Bond proceeds to capital expenditures for the
governmental purpose of the bonds.
Part III. Continuing Disclosure Procedures
D Timely filed all required financial-based disclosures on EMMA.
D Timely filed any mandatory event-based disclosures on EMMA.
Notes:
Respectfully submitted by the Chief Compliance Officer:
Signature
AGENDA INFORMATION
Meeting Date:
Monday,April13,2015
Item Name:
Committee Reports
Item Number:
1-2
Subject:
Public Works Committee
SUMMARY:
The Public Works Committee will report on the following matters:
a.
Overview of ordinance revising sign approval procedures in the downtown area
b.
Discussion on ordinance revising parking regulations
PUBLIC WORKS COMMITTEE REPORT
APRIL 13, 2015
1.
The present provisions of the B-2 DT Downtown Business District establish a Board
of Architectural Review that meets monthly to review proposed exterior changes to
the buildings and signs in the district. This section establishes that a "Certificate of
Appropriateness" is issued after the review is approved by the Board. The
applicants must submit information to the Town regarding the nature of the
proposed work on the buildings and signs several weeks in advance of the monthly
meeting. Over the years, the process has managed to work, but the effectiveness
for the amount of effort that goes into it is questionable and, for many, it is perceived
as yet another bureaucratic hurdle for downtown businesses. The Downtown
Wytheville, Incorporated Board is working to improve the business environment
downtown, and they have suggested that the review process be incentivized by
eliminating the building permit and sign fees, if the Design Committee endorses or
issues a "Certificate of Appropriateness" for the work to be done. Later this evening,
the Council will consider Ordinance No. 1291, which will dismantle the Board of
Architectural Review and transfer the review of signs and building alterations in the
downtown area to the Design Committee of Downtown Wytheville, Incorporated. It
would be the recommendation of the Public Works Committee that this ordinance
be adopted on first and final reading and that it become effective immediately.
2.
Later this evening, the Council will consider Ordinance No. 1294 which, among
other things, establishes Section 8-167 that provides for the immobilization of motor
1
vehicles against which there are outstanding parking violations. Basically, this
provision provides that any motor vehicle parked on a street within the Town of
Wytheville and has three or more outstanding unpaid or otherwise unsettled parking
violation notices will be immobilized to prevent its removal or operation until the
outstanding fines are satisfied. Regardless of our efforts, we have many outstanding
parking violations and believe that this is a fashion in which we can correct these
outstanding fees. The ordinance, also, provides that there is a fee for the removal of
the "booting" device, which we believe should be established at $50.00. This
ordinance will be considered later this evening, and it would be our suggestion that
we adopt it on the first of three readings and that, in the interim, the Police
Department give notice to all persons with three or more outstanding tickets that on
implementation of this ordinance, they will be subject to its provisions. It would be
the motion of the Public Works Committee that we establish $50.00 as the
processing fee to remove the immobilizing booting device from the vehicle and that
the Police Department provide notice to those persons with delinquent parking
tickets.
H. Judson Lambert
Thomas F. Hundley
H:\COUNCIL\PWCOMMIT.RPT\2015\PWAPRIL13.doc
2
Meeting Date:
Monday,April13,2015
Item Name:
Ordinances/Resolutions
Item Number:
J-1
Subject:
Ordinance No. 1290
AGENDA INFORMATION
SUMMARY:
Please find enclosed Ordinance No. 1290, which amends the Zoning Ordinance to add
Article XXIII, which will include the definition and use of Small Wind Energy Systems in
the Zoning Districts of A-1 Agricultural, M-1 Industrial and M-2 Industrial. The ordinance
is before the Council on first reading.
ORDINANCE N0.1290
At a regular meeting of the Town Council of the Town of Wytheville, Virginia, held in
the Council Chambers on Monday, April 13, 2015, at 7:00 p.m.
Present:
Absent:
AN ORDINANCE AMENDING AND REENACTING ORDINANCE NO. 640,
GENERALLY KNOWN AS THE ZONING ORDINANCE, TO ADD
ARTICLE XXIII - SMALL WIND ENERGY SYSTEMS AND TO AMEND
ARTICLE V • AGRICULTURAL DISTRICT A-1, ARTICLE XII - INDUSTRIAL
DISTRICT M-1 AND ARTICLE XIII - INDUSTRIAL DISTRICT M-2 TO
ADD THE USE OF SMALL WIND ENERGY SYSTEMS
BE IT ORDAINED by the Town Council of the Town of Wytheville, Virginia, that Ordinance
No. 640, generally known as the Zoning Ordinance, be amended and reenacted so as to
add Article XXIII- Small Wind Energy Systems, and to amend Article V- Agricultural
District A-1, Article XII- Industrial District M-1 and Article XIII- Industrial District M-2 as
follows:
ARTICLE XXIII - SMALL WIND ENERGY SYSTEMS
Section 1.
Purpose and Intent
The purpose of this article is to regulate the placement, construction and modification of
small wind energy systems while promoting the safe, effective and efficient use of small
wind energy systems and not unreasonably interfering with the development of
independent renewable energy sources.
Section 2.
Definitions
Hybrid system: An energy system that uses more than one technology to produce energy
or work (for example, a wind-solar system).
Small Wind Energy System: A wind energy conversion system consisting of a single wind
turbine, a tower and associated control or conversion electronics, which will be used
primarily to reduce on-site consumption of utility power.
System Height: With regard to a small wind energy system, the tower height plus the
blade length.
Tower: With regard to the small wind energy system, the structure on which the small wind
energy system is mounted.
Tower Height: With regard to the small wind energy system, the height above grade of the
fixed portion of the tower, excluding the wind turbine itself.
Turbine: The parts of the small wind energy system including the blades, generator and
tail.
Section 3.
Permitted Zones:
A-1 Agricultural, M-1 Industrial, M-2 Industrial
Section 4.
Applicability
The requirement set forth shall govern the siting of small wind energy systems used to
generate electricity or perform work, which may be connected to the utility grid pursuant to
Virginia's net metering laws (Section 56-594, Code of Virginia), serve as an independent
source of energy or serve as a hybrid system.
Section 5.
Siting Requirements
The requirements for siting and construction of all small wind energy systems shall include
the following:
1. Small wind energy towers shall maintain a galvanized finish or silver, gray, off-white
or white finish to reduce visual obtrusiveness. A photo simulation shall be required.
2. Small wind energy systems shall not be artificially lighted unless required by the
FAA or appropriate authority.
3. Small wind energy systems shall not have any flags, signs, writing or advertising.
4. Small wind energy systems shall not exceed forty five (45) decibels during normal
operation, as measured at the closest non-participating property line. That level,
however, may be exceeded during short term events such as severe windstorms.
5. The applicant shall provide evidence that the proposed height of the small wind
energy system meets current code and industry standards for structural stability to
include increased loading for high wind weather events, ice storms, etc.
6. The applicant shall provide evidence that the provider of electric utility energy
service to the site has been informed of the applicant's intent to install an
interconnected customer-owned electricity generator, unless the applicant intends
and so states on the application, that the system will not be connected to the
electric grid. This action shall not construe approval for net metering by the electric
utility.
7. The applicant shall provide information demonstrating that the system will be used
primarily to reduce on-site consumption of utility electricity.
8. The wind energy tower height shall not exceed a maximum height of sixty five (65)
feet on a parcel of less than five (5} acres or a maximum height of eighty (80) feet
on a parcel of five (5) acres or more.
9. The minimum distance between the ground and any protruding blades utilized on a
small wind energy system shall be fifteen (15) feet as measured at the lowest point
on the blades. The supporting wind energy tower shall also be enclosed with a six
(6) foot tall fence or the base of the wind energy tower shall not be climbable for a
distance of twelve (12) feet.
10. The applicant shall provide proof of adequate liability insurance for a small wind
energy system. Whether or not the applicant is participating in the net metering
program, the applicant shall meet the insurance coverage requirements set forth in
20 VA 50315-60.
11 . The small wind energy system generators and alternators shall be constructed so
as to prevent the emission of radio and television signals and shall comply with the
provisions of Section 47 of the Federal Code of Regulations, Part 15 and
subsequent revisions governing said emissions.
12. On-site power or transmission lines to the maximum extent possible shall be placed
underground.
13. The small wind energy system shall be sited to reduce the possibility of shadow
flicker.
14. Small wind energy systems shall not be permitted in overlay Historic Districts or
within five hundred (500) feet of such districts, only with a special exception permit
and after finding that it will have minimal or no visual impact on the Historic District.
Section 6.
Compliance with Federal and State Regulation:
1. Compliance with the Uniform Statewide Building Code: Building permit
applications for the small wind energy system shall be accompanied by standard
drawings of the wind turbine structure, including the wind energy tower, base and
footings. An engineering analysis of the wind energy tower showing compliance with
the Uniform Statewide Building Code and certified by a licensed professional
engineer shall also be submitted.
2. Compliance with FAA regulations: Wind energy systems shall comply with
applicable FAA regulations, including any necessary approvals for installations close
to airports.
3. Compliance with the National Electric Code: Building permit applications for
small wind energy systems shall be accompanied by a line drawing of the electrical
components in sufficient detail to allow for a determination that the manner of
installation conforms to the National Electric Code.
Meeting Date:
Monday,April13,2015
Item Name:
Item Number:
J-2
Subject:
Ordinance No. 1291
AGENDA INFORMATION
SUMMARY:
Please find enclosed Ordinance No. 1291, an ordinance amending and reenacting
Ordinance No. 640, generally known as the Zoning Ordinance, to make various
revisions to the 8-2 DT - General Business District - Downtown Zoning District
regarding the approval process for signs and building alterations. The ordinance is
before the Council on first reading.
ORDINANCE NO. 1291
At a regular meeting of the Town Council of the Town of Wytheville, Virginia, held
in the Council Chambers on Monday, April 13, 2015, at 7:00 p.m.
Present:
Absent:
GENERALLY KNOWN AS THE ZONING ORDINANCE, TO AMEND AND
REENACT ARTICLE XI-A, BUSINESS DISTRICT B-2 DT GENERAL BUSINESS
DISTRICT- DOWNTOWN, SECTION 11-2A USE REGULATIONS, SUBSECTION
11-2.30A; SECTION 11-4A SETBACK AND FRONTAGE AND YARD
REGULATIONS; SECTION 11-6A CERTIFICATE OF APPROPRIATENESS
REQUIRED TO CONSTRUCT, RECONSTRUCT, ALTER, RESTORE OR RAZE A
BUILDING, SUBSECTION 11-6B; SECTION 11-7A APPLICATION FOR
CERTIFICATE OF APPROPRIATENESS; SECTION 11-SA BOARD OF
ARCHITECTURAL REVIEW, SUBSECTIONS 11-8.1AAND 11-8.2A; SECTION
11-9A CHAIRMAN, VICE-CHAIRMAN AND SECRETARY OF THE BOARD;
SECTION 11-10A PROCEDURE FOR MEETINGS, SUBSECTION 11-10.1A;
SECTION 11-11A MATTERS TO BE CONSIDERED BY THE BOARD IN ACTING
ON THE APPROPRIATENESS OF THE ERECTION, RECONSTRUCTION,
ALTERATION, RESTORATION, OR DEMOLITION OF A BUILDING OR
STRUCTURE, SUBSECTION 11-11.1A; SECTION 11-12A ISSUANCE OF A
CERTIFICATE OF APPROPRIATENESS, SUBSECTION 11-12.1A;
SECTION 11-13A RIGHT OF APPEAL, SUBSECTION 11-13.1A
BE IT ORDAINED by the Town Council of the Town of Wytheville, Virginia, that Ordinance
No. 640, generally known as the Zoning Ordinance, be amended and reenacted so as to
include revisions to Article XI-A, Business District B-2 DT General Business District Downtown, Section 11-2A Use Regulations, Subsection 11-2.30A; Section 11-4A
Setback
and
Frontage
and
Yard
Regulations;
Section
11-6A
Certificate
of
Appropriateness Required to Construct, Reconstruct, Alter, Restore, or Raze a Building,
Subsection 11-6B; Section 11-7A Application for a Certificate of Appropriateness; Section
11-8A Board of Architectural Review, Subsections 11-8.1A and 11-8.2A; Section 11-9A
Chairman, Vice-Chairman and Secretary of the Board; Section 11-1 OA Procedure for
Meetings, Subsection 11-1 0.1 A; Section 11-11 A Matters to be Considered by the Board
in Acting on the Appropriateness or the Erection, Reconstruction, Alteration, Restoration,
or Demolition of a Building or Structure, Subsection 11-11.1A; Section 11-12A Issuance
of a Certificate of Appropriateness, Subsection 11-12.1A; Section 11-13A, Right of
Appeal, Subsection 11-13.1 A, as follows:
ARTICLE XI-A, BUSINESS DISTRICT B-2 DT
GENERAL BUSINESS DISTRICT- DOWNTOWN
SECTION 11-2A
USE REGULATIONS
Section 11-2.30A
Signs permitted under Chapter 21 of this Ordinance regulating outdoor advertising and
subject to review and approval by the Design Committee of Downtown Wytheville,
Incorporated.
SECTION 11-4A
SETBACK AND FRONTAGE AND YARD REGULATIONS
None, unless such are considered as necessary by the Design Committee of Downtown
Wytheville, Incorporated.
SECTION 11-6A
CERTIFICATE OF APPROPRIATENESS REQUIRED TO
CONSTRUCT, RECONSTRUCT. ALTER. RESTORE, OR RAZE A
BUILDING OR SIGN
In order to promote the general welfare through the preservation and protection of
buildings of historic and architectural interest and to promote the improvement and the
general appearance of all buildings within the Downtown Wytheville District, the Town
hereby establishes an incentive program that will waive building permit fees and sign
permit fees for all work that conforms to the recommendations of the Design Committee
of
Downtown
Wytheville,
Incorporated
(DWI)
and
receives
a
Certificate
of
Appropriateness from the Design Committee of Downtown Wytheville, Incorporated.
Section 11-68
All building construction, reconstruction, restoration, razing or demolition that is funded
partially or fully by grants issued or administered by the Town of Wytheville, and or
receives waiver of fees, shall receive a Certificate of Appropriateness from the Design
Committee of Downtown Wytheville, Incorporated, prior to being issued a building permit
or sign permit. Review of an application for a Certificate of Appropriateness by the Design
Committee shall include an analysis of the external architectural features, colors,
materials, windows, doors, signs, their arrangement and composition and relationship to
other structures and shall be, in the opinion of the Design Committee, in accord with the
Wytheville 8-2 DT Downtown District Design Review Guidelines.
11-7A
APPLICATION FOR CERTIFICATE OF APPROPRIATENESS
Applications for Certificates of Appropriateness shall be made to the Building Official for
the Town of Wytheville, Virginia.
11-SA
REQUIREMENTS FOR DESIGN COMMITTEE REVIEW
Section 11-8.1A
For the purpose of making effective the provisions above, the Design Committee of
Downtown Wytheville, Incorporated (OWl) shall be established consisting of members
appointed by the DWI Board.
Section 11-8.2A
Members of the Design Committee shall have a demonstrated interest or knowledge of
the architecture or history and unique character of downtown Wytheville, have a property
or business interest in the downtown or be a design or construction professional familiar
with the revitalization efforts of Downtown Wytheville, Incorporated. The terms of Design
Committee members shall be two (2) years, renewable for up to three (3) terms. Design
Committee members should be citizens of Wytheville, unless no other qualified
candidates are available. There shall be no fewer than five (5) Design Committee
members, one of whom shall be the Executive Director of Downtown Wytheville,
Incorporated, and whose term shall run concurrent with the position. Three (3) of four (4)
members shall have their initial terms extended by one (1 ), two (2) and three (3) years so
that staggered appointments occur. The DWI Board shall assign these extended initial
terms.
11·9A
CHAIRMAN, VICE-CHAIRMAN AND SECRETARY OF THE COMMITTEE
The Design Committee shall elect a Chair and Vice-Chair from its membership, and the
Executive Director of DWI shall serve as secretary.
11-10A
PROCEDURE FOR MEETINGS
Section 11-10.1A
The chair shall conduct the meetings of the Design Committee. In his absence, the vicechair shall preside. The secretary shall keep the minutes of the meetings and a permanent
record of all motions, transactions, and determinations. All members of the Design
Committee shall be entitled to vote unless a conflict of interest occurs, in which case the
affected member shall announce the conflict and abstain from discussion and vote. A
quorum of members shall be required for the Design Committee to take any action or
approve or disapprove any application for a Certificate of Appropriateness. Upon a
majority vote for approval, the Certificate of Appropriateness shall be signed by the DWI
Executive Director. In the event of a disapproval, the reasons for the disapproval shall
be briefly summarized on the Certificate of Appropriateness and the certificate marked
"disapproved." In the event of an approval conditional upon revisions to what is proposed,
the revisions upon which the approval was conditioned shall be listed on the certificate.
The Design Committee shall meet not less than monthly to review applications for
Certificates of Appropriateness. In the event that an application for a Certificate of
Appropriateness is disapproved, the applicant has thirty (30) days in which to file an
appeal to the OWl Board, and upon a majority vote of the OWl Board, the decision of the
Design Committee shall be modified, upheld or overturned. The OWl Board shall have
the authority to determine the schedule for hearing appeals of applicants of the Design
Committee, but schedule for an appeal shall be no later than thirty (30) days from receipt
of the written appeal from the applicant by the Executive Director of OWl. In the event
that OWl upholds the decision of the Design Committee, the applicant may proceed with
the project without funding assistance or incentives.
11-11A
MATTERS TO BE CONSIDERED BY THE DESIGN COMMITTEE IN
ACTING ON THE APPROPRIATENESS OF THE ERECTION,
RECONSTRUCTION, ALTERATION, RESTORATION OR DEMOLITION
OF A BUILDING OR STRUCTURE
Section 11-11.1A
The Committee shall not consider interior arrangement, and shall not make any
requirements except for the purpose of preventing developments obviously incongruous
or not compatible with the Downtown aspect of the surroundings. The Design Committee
shall consider the following in passing upon the appropriateness of architectural features
and uses:
a.
Exterior architectural features, including all signs, which are subject to
public view from a public street, way or place.
b.
General design and arrangement.
c.
Texture, material and color.
d.
The relation of the factors in a, b, and c above to similar features of buildings
and structures and uses in the immediate surroundings.
e.
The extent to which the buildings or structures of the use would be
harmonious with or obviously incongruous to the architectural and historical
aspect of the surroundings.
f.
In case of a building to be razed, a primary consideration will be the extent
to which its continued existence would tend to protect irreplaceable historic
places, or places having a unique architectural value, and to preserve
generally the existing and harmonic atmosphere of the Town.
g.
The extent to which the building or structures, or the use, will promote the
general welfare of the Town, and all citizens by the preservation of historic
places and areas, or of places, or buildings, having unique architectural
values.
h.
The extent to which said preservation and protection will promote the
general welfare by maintaining and increasing real estate values,
generating business, creating new positions, attracting tourists and special
interest groups, new residents, encouraging existing and new business
activities, stimulating interest and study in the history of the Town,
preserving our culture and heritage, and making the town a more attractive
place in which to live.
Meeting Date:
Monda~April13,2015
Item Name:
Item Number:
J-3
Subject:
Ordinance No. 1292
AGENDA INFORMATION
SUMMARY:
Please find enclosed Ordinance No. 1292, which amends Article XXI - Regulating
Outdoor Advertising in Sight of Public Streets in the Town of Wytheville, Virginia,
regarding permits for temporary signs and the timeframe for banners to be installed.
This ordinance is before the Council on first reading.
ORDINANCE NO. 1292
the Council Chambers on Monday, April13, 2015, at 7:00p.m.
Present:
Absent:
GENERALLY KNOWN AS THE ZONING ORDINANCE,
TO AMEND ARTICLE XXI - REGULATING OUTDOOR ADVERTISING
IN SIGHT OF PUBLIC STREETS IN THE TOWN OF WYTHEVILLE,
VIRGINIA. ARTICLE 1., SUBSECTION 21-1 POLICY: DEFINITIONS
BE IT ORDAINED by the Town Council of the Town of Wytheville, Virginia, that
Ordinance No. 640, generally known as the Zoning Ordinance, be amended and reenacted
so as to amend Article XXI - Regulating Outdoor Advertising in Sight of Public Streets in
the Town of Wytheville, Virginia, Article 1., Subsection 21-1 Policy; Definitions, as follows:
ARTICLE 1.
Section 21-1 Definitions
(53)
"Temporary sign" means a sign constructed of light material, with or without a
frame, the use of which sign is intended for a limited period of display, and the term shall
apply to a sign advertising a seasonal or activity such as holiday displays, special sales
and auction sales or building vacancies.
Advertising banner signs are also classified as temporary signs and are constructed
of cloth or other weather durable material manufactured with the intent of being erected
outdoors as an advertising sign. Advertising banners are intended to be supplemental to
other permitted signs and are not to be used as the sole sign for the business
establishment. Advertising banners are not permitted in R-1 Residential, R-2 Residential,
R-3 Residential and R-3 MH Mobile Home Districts. Advertising banners must be affixed
within the confines of the property on which they are located and shall not be affixed to any
appurtenance within the rights of way of Town streets. Each advertising banner sign shall
be issued a sign permit by the Zoning Administrator or his designee and shall remain valid
for ninety (90) days, at which time the banner sign shall be removed. If the banner sign
becomes deteriorated prior to ninety (90) days, it shall be removed.
Portable signs are not permitted except as may be permitted by the Town Manager
for limited periods of time. A "portable sign" is defined as a sign not permanently anchored
to the ground or to a building or structure and which is constructed in such a manner as to
permit its easy removal as, for example, a sign mounted upon an axle and wheels.
AGENDA INFORMATION
Meeting Date:
Monday,April13,2015
Item Name:
Item Number:
J-4
Subject:
Ordinance No. 1293
SUMMARY:
Enclosed is Ordinance No. 1293, which amends the Zoning Ordinance in regard to the
request of Fairfield Glade Company to rezone a portion of their property located on the
west side of Stafford Umberger Drive between George James Drive and Tremough
Drive from R-3 Residential to M-1 Industrial. The ordinance is before the Council on first
reading.
ORDINANCE NO. 1293
the Council Chambers on Monday, April13, 2015, at 7:00p.m.
Present:
Absent:
GENERALLY KNOWN AS THE ZONING ORDINANCE, TO REZONE FROM
R-3 RESIDENTIAL TO M-1 INDUSTRIAL A CERTAIN PORTION OF PROPERTY
OWNED BY FAIRFIELD GLADE COMPANY, WHICH IS LOCATED ON
THE WEST SIDE OF STAFFORD UMBERGER DRIVE BETWEEN
GEORGE JAMES DRIVE AND TREMOUGH DRIVE
WHEREAS, notice by publication in the Wytheville Enterprise, a newspaper
published in Wytheville, Virginia, was duly given on February 21 and February 28, 2015,
that on the 12th day of March, 2015, at 6:00p.m. the Planning Commission of the Town of
Wytheville would hold a public hearing concerning the matter covered by this ordinance;
and,
WHEREAS, said public hearing was duly held by the Planning Commission and
thereafter recommended that the Town Council amend Ordinance No. 640 to rezone said
area from R-3 Residential to M-1 Industrial; and,
WHEREAS, notice by publication in the Wytheville Enterprise, a newspaper
published in Wytheville, Virginia, was duly given on March 28 and April4, 2015, that on the
13th day of April, 2015, at 7:00 p.m. the Town Council of the Town of Wytheville would
hold a public hearing concerning the matter covered by this ordinance; and,
WHEREAS, said public hearing was duly held by the Town Council and thereafter
recommended that Ordinance No. 640 of the Town of Wytheville, being known as the
Zoning Ordinance, be amended as hereinafter set out.
NOW, THEREFORE, BE IT ORDAINED that Ordinance No. 640, generally known
as the Zoning Ordinance, be amended and reenacted so as to rezone a certain portion of
property owned by Fairfield Glade Company, which is located on the west side of Stafford
Umberger Drive between George James Drive and Tremough Drive, from R-3 Residential
to M-1 Industrial, as indicated on the attached plat.
H:\ORDINANC\1293-Fairfield Glade Rezoning.doc
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AGENDA INFORMATION
Meeting Date:
Monday, April 13,2015
Item Name:
Item Number:
J-5
Subject:
Ordinance No. 1294
SUMMARY:
Please find enclosed Ordinance No. 1294, which amends Chapter 8. Motor Vehicles,
Article VI. Stopping, Standing and Parking, Division 3. Parking Zones, Subsection
8-162. Parking Overtime to note that any Town, State or Federal owned vehicle or
trailer used in the course of their work will be exempt from the parking overtime
regulations. Section 8-167. Immobilization of Motor Vehicles Against Which There Are
Outstanding Parking Violations has been added that will permit the Police Department
to place a boot on the vehicle of any owner who has three or more outstanding parking
violation fines. This ordinance is, likewise, before the Council on first reading.
ORDINANCE NO. 1294
the Council Chambers on Monday, April 13, 2015, at 7:00p.m.
PRESENT:
ABSENT:
AN ORDINANCE AMENDING AND REENACTING CHAPTER 8, MOTOR
VEHICLES, ARTICLE VI. STOPPING, STANDING AND PARKING, DIVISION 3.
PARKING ZONES, BY AMENDING SECTION 8-162. PARKING OVERTIME, AND BY
ADDING SECTION 8-167.1MMOBILIZATION OF MOTOR VEHICLES AGAINST
WHICH THERE ARE OUTSTANDING PARKING VIOLATIONS,
OF THE CODE OF THE TOWN OF WYTHEVILLE, VIRGINIA
BE IT ORDAINED by the Town Council of the Town of Wytheville, Virginia, that
Chapter 8, Motor Vehicles, Article VI. Stopping, Standing and Parking, Division 3. Parking
Zones, be amended and reenacted by amending Section 8-162, Parking Overtime, and by
adding Section 8-167. Immobilization of Motor Vehicles Against Which There Are
Outstanding Parking Violations, as follows:
CHAPTER 8
MOTOR VEHICLES
ARTICLE VI. STOPPING, STANDING AND PARKING
DIVISION 3. PARKING ZONES
Sec. 8-162. - Parking overtime.
It shall be unlawful for any person to permit a vehicle to remain or to be parked in
any parking space beyond the period of time prescribed for such parking space. It shall be
unlawful for any person to cause, allow, permit or suffer any vehicle registered in his name
to be parked overtime or beyond the period of legal parking time established for any
parking zone. Federal, State and local government-owned vehicles are exempt from the
regulations set forth herein, as well as any trailer being used in an emergency situation, or
in the course of events or work being duly performed by, or on behalf of, the Federal, State
or local government.
Sec. 8-167. Immobilization of motor vehicles against which there are outstanding
parking violations.
(a)
Whenever there is found any motor vehicle parked upon the public streets or
public grounds within the Town of Wytheville against which there are three (3) or more
outstanding unpaid or otherwise unsettled parking violation notices, such vehicle may be
immobilized in such a manner as to prevent its removal or operation except by, or under
the direction of, an authorized officer of the Wytheville Police Department. Any
immobilization of the vehicle pursuant to this section shall be by, or under the direction of,
an officer of the Wytheville Police Department.
(b)
It shall be the duty of the officer immobilizing such motor vehicle, or under
whose direction such vehicle is immobilized, to inform, as soon as practicable, the owner of
the immobilized vehicle of the fact of the immobilization with a reference which explains the
nature and circumstances of the prior unsettled parking violations. In any case involving
immobilization of a vehicle pursuant to this section, there shall be placed on such vehicle,
in a conspicuous manner, a notice warning that such vehicle has been immobilized and
that an attempt to move such vehicle might result in damage thereto.
(c)
The owner of an immobilized vehicle, or other duly authorized person, shall
be allowed not less than forty-eight (48) hours from the time of immobilization to repossess
or secure the release of the vehicle. If the owner fails to repossess or secure the release of
the vehicle within this time period, the vehicle may be removed to a storage area for
safekeeping under the direction of a police officer of the Town.
(d)
The owner, or other duly authorized person, shall be permitted to repossess
or to secure the release of the vehicle by payment of all outstanding parking violation
notices for which the vehicle was immobilized and by payment of all reasonable costs
incidental to the immobilization, including a processing fee to remove the immobilization
booting from the vehicle, efforts to locate the owner of the vehicle, and all towing and
storage fees. These fees shall be set by the Town Council and shall be amended from time
to time. Should such ownerfail or refuse to pay such fines and costs, or should the identity
or whereabouts of such owner be unknown and unascertainable, such vehicle may be sold
in accordance with the procedures set forth in § 46.2-1216 of the Code of Virginia.
AGENDA INFORMATION
Meeting Date:
Monday,April13,2015
Item Name:
Other Business
Item Number:
K-1
Subject:
Wall of Honor Committee Recommendation Sports Hall of Fame Monument Honorees
SUMMARY:
Enclosed is the recommendation of the Wall of Honor Committee regarding the
nominees to the Sports Hall of Fame Monument. The nominees are Richard "Dickie"
Julian Boyles, Jill Hilton Green and William "Bill" Jordan Grubb, Jr.
G:\COUNCIL\Agenda lnfo\2015\Agenda lnformation041315.doc
TOWN OF WYTHEVILLE
COUNCIL-MANAGER FORM OF GOVERNMENT SINCE 1924
TOWN COUNCIL
TOWN MANAGER
C. WAYNE SUTHERLAND JR.
(276]223-3350
MAYOR
TRENTON G. CREWE JR.
ASSISTANT TOWN MANAGER
STEPHEN A. MOORE. AlA
(276] 223-3352
VICE MAYOR
JACQUEUNE K. KING
COUNCIL MEMBERS
THOMAS F. HUNDLEY
JACK W. HUNLEY
H. JUDSON LAMBERT
"The Hub of Southwest Virginia"
P.O.BOX533
150 EAST MONROE STREET
WYTHEVILLE, VIRGINIA 24382-0533
TELEPHONE (276) 223-3333
WWW.WYTHEVILLE.ORG
TOWN TREASURER
MICHAEL G. STEPHENS, MGT
(276) 223-3333
DIRECTOR OF ADMINISTRATIVE
SERVICES/CLERK OF COUNCIL
SHARON G. CORVIN
(276] 223-3349
MEMORANDUM
TO:
Wytheville Town Council
FROM:
Jacqueline K. King
Chairperson
Wall of Honor Committee
DATE:
April 8, 2015
SUBJECT:
Nominees for the Sports
Hall of Fa me Monument
The Wall of Honor Committee would recommend to the Wytheville Town Council that the
following nominees be approved for the Sports Hall of Fame Monument:
Richard "Dickie" Julian Boyles
Jill Hilton Green
William "Bill" Jordan Grubb, Jr.
Please find enclosed information for the nominees submitted by the Wythe County Sports
Hall of Fame Committee.
Thank you for your consideration of these nominations. If you have any questions, please
let me know.
JKK!jkw
Enclosure
WYTHE COUNTY SPORTS HALL OF FAME ADDS THREE NEW MEMBERS
THE WYTHE COUNTY SPORTS HALL OF FAME HAS ADDED A RURAL RETREAT HIGH SCHOOL
AND RADFORD UNIVERSITY ATHLETE, A STELLAR GEORGE WYTHE HIGH SCHOOL FOOTBALL AND
BASEBALL PLAYER, AND A THIRTY YEAR PLUS EMPLOYEE OF THE WYTHEVILLE PARKS AND
RECREATION DEPARTMENT,TO ITS 20 YEAR HONOR ROLL OF THE COUNTY'S ALL-TIME BEST.
CAPTAIN OF THIS YEAR'S HALL OF FAME CLASS IS JILL HILTON GREEN. SHE STARRED IN
BASKETBALL, VOLLEYBALL AND TRACK IN HIGH SCHOOL, SETTING NEW SCHOOL RECORDS FOR
BLOCKED SHOTS ON THE HARDWOOD, AND IN THE HIGH JUMP IN TRACK AND FIELD. GREEN
MADE THE RADFORD LADY HIGHLANDERS ROUNDBALL TEAM AS A WALK-ON AND FINISHED
THIRD IN CAREER BLOCKS WITH 80. AFTER SERVING IN A NUMBER OF ADMINISTRATION
POSITIONS IN THE SALEM/ROANOKE AREA, GREEN NOW IS THE DIRECTOR OF HUMAN
RESOURCES FOR BOTETOURT COUNTY SCHOOLS.
THE SECOND NEW INDUCTEE IN THIS YEAR'S HALL OF FAME CLASS IS THE LATE WILLIAM
"BILL" JORDAN GRUBB, JR. HE STARRED AT GEORGE WYTHE HIGH ON THE FOOTBALL AND
BASEBALL FIELD, AND ALSO WAS A FOUR YEAR LETTER WINNER IN TRACK. IN 1956, HE BECAME
THE FIRST GEORGE WYTHE FOOTBALL PLAYER TO BE NAMED ALL-STATE, AS AN OFFENSIVE
CENTER. HE RECEIVED NUMEROUS OFFERS TO PLAY COLLEGE FOOTBALL, AND HAD A BASEBALL
TRYOUT FOR THE CHICAGO CUBS. GRUBB RETIRED FROM LEGGETT STORES MANAGEMENT,
SPENDING HIS FINAL YEARS IN WYTHEVILLE.
THE THIRD AND FINAL MEMBER OF THE 2015 WYTHE COUNTY SPORTS HALL OF FAME
CLASS IS THE LATE DICKIE BOYLES. A SMYTH COUNTY NATIVE, HE RETIRED FROM THE
WYTHEVILLE DEPARTMENT OF PARKS AND RECREATION AFTER MORE THAN THREE DECADES,
MUCH OF THAT TIME SERVING AS ASSISTANT DIRECTOR OF RECREATION. IT IS IMPOSSIBLE TO
ESTIMATE HOW MANY YOUNG LIVES WERE TOUCHED AND INSPIRED BY BOYLES OVER THE
YEARS HE WORKED AT THE REC DEPARTMENT. HE ALSO WAS AN AVID OLD CAR COLLECTOR
AND HELPED ORGANIZE THE DOWNTOWN WYTHEVILLE VINTAGE CAR SHOW, WHICH NOW IS
NAMED IN MEMORY OF HIM.
ALL THREE HALL OF FAMERS WILL BE OFFICIALLY RECOGNIZED IN THE FALL AT A
CEREMONY THE WEEK OF THE SPORTS HALL OF FAME FOOTBALL GAME BETWEEN GEORGE
WYTHE AND RURAL RETREAT.
MINUTES OF THE REGULAR MEETING OF THE WYTHEVILLE TOWN COUNCIL
HELD IN THE COUNCIL CHAMBERS ON MONDAY, MARCH 23, 2015, AT 7:00 P.M.
Members present:
Trenton G. Crewe, Jr., Jacqueline K. King, William B. Weisiger, H. Judson
Lambert, Thomas F. Hundley
Others present:
Town Manager C. Wayne Sutherland, Jr., Town Clerk Sharon G. Corvin,
Don Laster, Kathy Laster, Bill Looney, Jonna Looney, Marie Bishop, Brian
Reed, Danny Gordon with WYVE-AM/WXBX-FM/WLOY-AM, Wayne
Quesenberry with The Wytheville Enterprise, Police Officer Troy Cockram
RE: CALL TO ORDER, QUORUM, PLEDGE
Mayor Crewe called the meeting to order and established that a quorum of Council members
was present. The Pledge of Allegiance was led by Vice-Mayor King.
RE: CONSENT AGENDA
Mayor Crewe presented the consent agenda consisting of the minutes of the regular meeting of
March 9, 2015; the request of Spiller Elementary School to conduct a 5K Run on Saturday, April
25, 2015, at 8:30 a.m.; and, the request of the Wythe County Ministerial Association for waiver
of fee for use of the Elizabeth Brown Memorial Park on May 7, 2015, for National Day of Prayer.
He inquired of the Council if there is a motion to approve the consent agenda items separately
or together. A motion was made by Councilman Weisiger and seconded by Councilman
Hundley to approve the consent agenda consisting of the minutes of the regular meeting of
March 9, 2015; the request of Spiller Elementary School to conduct a 5K Run on Saturday, April
25, 2015, at 8:30 a.m.; and, the request of the Wythe County Ministerial Association for waiver
of fee for use of the Elizabeth Brown Memorial Park on May 7, 2015, for National Day of Prayer.
Mayor Crewe inquired of the Council if there is any discussion on the motion to approve the
consent agenda. There being none, the motion was approved with the following voting in favor
and there being no opposition: For: Trenton G. Crewe, Jr., Jacqueline K. King, William B.
Weisiger, Thomas F. Hundley, H. Judson Lambert. Against: None.
RE: PUBLIC HEARING – “HOME OCCUPATION – INTERNET BASED”
Mayor Crewe stated the meeting constituted a public hearing (due notice having been given) to
consider amending various articles in Ordinance No. 640, generally known as the Zoning
Ordinance, to include the definition of “Home Occupation – Internet Based” and to include this
use in all residential zoning districts. He noted there is a recommendation from the Planning
Commission that the Town Council will be acting on later in the meeting. Mayor Crewe
commented that if he is reading the sign in sheet correctly, a couple of people attending the
meeting indicated that they would like to speak in regard to zoning. He remarked that he is
assuming those individuals are wanting to address the Council about another matter of zoning
and not this particular subject. Mayor Crewe inquired if there is anyone attending the meeting
who would like to address the Council in regard to the “Home Occupation – Internet Based”
Ordinance, the Council would be glad to hear from those individuals at this time. He stated he is
not sure if Mr. and Mrs. Laster wanted to address the Council in regard to this subject, but he
thinks they are interested in addressing the Council about another topic. Mayor Crewe advised
that he is assuming that nobody wishes to speak during the public hearing, however, he will
reserve the right to reopen the public hearing, if someone who wishes to speak comes in later
during the meeting. Mayor Crewe declared the public hearing closed, and he proceeded with
the agenda.
RE: CITIZENS’ PERIOD
Mayor Crewe advised the next agenda item is Citizens’ Period. He noted that Mr. Laster was
the first person on the list who indicated he wanted to address the Council in regard to zoning.
Mayor Crewe commented that the Council would be glad to hear from Mr. Laster about that
topic, if he is still interested in addressing the Council. He remarked that he would ask Mr.
Laster to please come forward to the podium to address the Council so that the minutes could
properly be recorded. Mayor Crewe thanked Mr. Laster for attending the meeting.
Mr. Don Laster stated that his comments are, basically, a follow up to the Planning Commission
meeting about the Fairfield Glade Company request to rezone their property. He noted that he
and his wife are new to the area. Mr. Laster commented that he and his wife thought they would
come to the Town Council meeting to meet the Council members and see what is going on in
the town. He remarked, as of right now, he did not have any questions for the Town Council.
Mayor Crewe thanked Mr. Laster for attending the Council meeting and speaking. He noted that
later during the meeting, the Council will consider the Fairfield Glade Company’s request to
rezone a portion of their property. He explained that at each Town Council meeting, there is
always a Citizens’ Period for anyone who wished to address the Council about any topic they
want to bring to the Council’s attention. Mayor Crewe advised that the Fairfield Glade
Company’s rezoning request, and he noted the recommendation from the Planning Commission
is to approve the rezoning of the property, requires the Town Council hold to a public hearing
like the Planning Commission held on March 12. He stated unless a person does something at
this Council meeting that he is not expecting, the only thing that will happen at this meeting from
the Town Council will be to schedule a public hearing. Mayor Crewe explained that anyone who
wants can come back and address the Council, on that particular topic, at that particular time.
He remarked that he suspects what is going to happen is there will be four public hearings all
set at the same time. Mayor Crewe advised that the Wytheville Planning Commission goes
through their process and makes a recommendation to the Town Council, which the Council can
accept or deny. He explained that the Council then holds a public hearing to hear what the
citizens have to say in regard to the topic. Mayor Crewe stated the Council will then act on the
request following the public hearing. He noted that later during the meeting, the Town Council
will set the public hearing for the Fairfield Glade Company’s rezoning request, unless somebody
does something that he is not anticipating, for April 2015 because the Town has to advertise the
public hearing a number of times in the newspaper. Mayor Crewe advised that he thinks that is
all that will happen at this evening’s Council meeting. He invited Mr. and Mrs. Laster to stay for
the remainder of the Council meeting, if they wished to do so. Mayor Crewe reiterated that the
Council is glad the Lasters are attending the meeting. He inquired if there was anyone else who
wished to address the Council during Citizens’ Period. There being none, Mayor Crewe
proceeded with the agenda.
RE: OLD BUSINESS
Under Old Business, Town Manager Sutherland reported the following:
1.
The regularly scheduled Council Work Session will be held tomorrow morning, Tuesday,
March 24, 2015, at 7:00 a.m.
2.
The Joint Industrial Development Authority will hold its regularly scheduled meeting on
Thursday, March 26, 2015, at 3:00 p.m., in the Council Chambers of the Municipal
Building.
3.
The Joint Governing Bodies will meet on Monday, March 30, 2015, at 7:00 p.m., at the
Wytheville Meeting Center.
4.
To date, the Wounded Warrior Project fundraising activities have raised $14,740.00. The
Town still needs to raise approximately $4,400.00 to meet the budget on the project,
therefore, the Town is still actively soliciting donations to the project.
Mayor Crewe advised that he felt like the Town is doing remarkably well on the fundraising for
the Wounded Warrior Project, especially, for less than a month’s worth of fundraising.
RE: BUDGET AND FINANCE COMMITTEE REPORT
Councilman Weisiger, reporting for the Budget and Finance Committee, stated that Town
Council has received a request from the Wythe County Genealogical Society requesting
reimbursement for the real estate property tax paid on their property located at 165 South 11th
Street. He noted it has been the practice of the Council, in past years, to reimburse various nonprofit organizations the value of their real estate taxes. Councilman Weisiger commented that
the prorated value of the real estate taxes for 2014 is $294.14. He remarked that the Wythe
County Genealogical Society owns the building and has paid these taxes but is seeking a
donation equivalent to that amount. Councilman Weisiger advised that it would be the
recommendation of the Budget and Finance Committee that the Council honor the request of
the Wythe County Genealogical Society and make a donation to them in the amount of $294.14.
He stated the Budget and Finance Committee would note, however, that it would recommend
that the Council impose one caveat that if the building is sold, the value of those taxes will be
reimbursed to the Town. Mayor Crewe stated that he would take that as a motion from the
Committee to make a donation of $294.14 to the Wythe County Genealogical Society. Mayor
Crewe inquired of the Council if there is any discussion on the motion to make the donation to
the Wythe County Genealogical Society. He commented that one point, and noted the Council
could do what they wanted to do, but with the other organizations in the past, the Council
advised the organization to submit an annual request. Mayor Crewe remarked that this type of
request is not an automatic thing. He noted that Ms. Kegley’s letter seemed to indicate that she
thinks the donation is automatic each year. Mayor Crewe explained that if this motion passes,
which he certainly thinks it will, when the Town staff mails the donation of $294.14 to the Wythe
County Genealogical Society, then the letter needs to state that the request will need to be
made annually unless the Council chooses to do something different. Town Manager
Sutherland advised that he told Ms. Kegley that the organization would need to make the
request annually, but that staff would also write Ms. Kegley a letter when the donation is sent
reiterating the information. A motion was made by Councilman Weisiger and seconded by ViceMayor King for the Town to make a donation to the Wythe County Genealogical Society for the
value of their 2014 real estate taxes in the amount of $294.14 with the caveat that if the building
is sold, they will reimburse the Town the amount of the donation, and to advise the Society that
this request will need to be made annually. Mayor Crewe inquired of the Council if there is any
further discussion on the motion to make the donation to the Wythe County Genealogical
Society. There being none, the motion was approved with the following voting in favor and there
being no opposition: For: Trenton G. Crewe, Jr., Jacqueline K. King, William B. Weisiger,
Thomas F. Hundley, H. Judson Lambert. Against: None.
Councilman Weisiger also reported that the Town has now received its renewal information from
The Local Choice. He noted that The Local Choice is the health insurance program
administered by the Commonwealth of Virginia. Councilman Weisiger stated, currently, The
Local Choice uses Anthem as the provider for insurance services. He explained that the Town
has been with the State program for many years because it provides an opportunity for the
Town to participate in a large pool of employers. Councilman Weisiger commented that the
Town’s health insurance premiums are, primarily, based on the value of the claims in the prior
year. He remarked that next year, Anthem advises that the Town’s insurance premiums will not
increase. Councilman Weisiger stated the State requires that participating governments declare
its intent to renew by April 1 of each year. He noted that the regulations, also, require that a
declaration be made of what policies will be provided to employees. Councilman Weisiger
advised that Town Council believes that the Town’s health insurance is a very valuable benefit
to its employees and thinks that the Town should continue its coverage with The Local Choice.
He explained that the Council, also, believes that the current programs provide a range of
benefits that can tailor the needs of employees. Councilman Weisiger stated the policies’
differences are the deductibles and the out-of-pocket expenses. He remarked that the Budget
and Finance Committee would like to note that during the budgetary process, the Council will
also consider the ratio of the payment of the premium by the Town and the employee.
Councilman Weisiger advised, therefore, it is the recommendation of the Budget and Finance
Committee that Town staff give notice that the Town intends to renew its health insurance
programs, and that the Council notes that the policies which are currently in effect will continue
to be in effect in the following year. A motion was made by Councilman Weisiger and seconded
by Vice-Mayor King to give notice to The Local Choice that the Town intends to renew its health
insurance programs for the next year, and to continue the policies currently in effect. Mayor
Crewe stated he takes that as a motion from the Budget and Finance Committee, which has two
parts. He noted the two parts are to give notice to The Local Choice that the Town intends to
renew its health insurance programs for the next year, and to continue the policies currently in
effect. Mayor Crewe inquired of the Council if there is any discussion on the motion. There
being none, the motion was approved with the following voting in favor and there being no
opposition: For: Trenton G. Crewe, Jr., Jacqueline K. King, William B. Weisiger, Thomas F.
Hundley, H. Judson Lambert. Against: None. A copy of the Budget and Finance Committee
report is attached and made part of these minutes. Mayor Crewe proceeded with the agenda.
RE: PUBLIC WORKS COMMITTEE REPORT
Councilman Lambert, reporting for the Public Works Committee, stated that in an effort to help
the Wytheville Redevelopment and Housing Authority, the Town has agreed to seek grant
funding from the Department of Housing and Community Development that can be used for the
Veterans Housing Project. He noted the Mount Rogers Planning District Commission is
assisting the Town with this application process. He explained that there was a public hearing
held on March 11, and again on March 18, to receive comments about the Town’s intent to
make application. Councilman Lambert noted there were no comments received at either of
these public hearings. He stated to complete the application process, the Council must adopt a
resolution endorsing the application and agreeing to the requirements if awarded funds.
Councilman Lambert advised that this resolution will be considered later this evening, and it
would be the recommendation of the Public Works Committee that the resolution be adopted.
Mayor Crewe noted the Council would consider this later in the meeting, and he knows that is
one of the reasons why Mr. Brian Reed is attending this Council meeting and paying close
attention.
Councilman Lambert also reported that as the Public Works Committee had reported at the last
meeting, the Police Department has requested the Council to make changes to the Town Code
regarding parking regulations. He explained, in general, the request of the Police Department is
that an additional Code section be added authorizing the Police Department to immobilize or
remove a vehicle, if the owner has accumulated three unpaid parking tickets. Councilman
Lambert stated by immobilization, the Police Department is referring to “booting” the vehicle. He
commented that the Police Department routinely experiences issuing tickets to persons who
have had multiple offenses. Councilman Lambert remarked, very often, the people cited do not
pay the fines but continue to park illegally. He noted that the Town attempts to collect these
fines through a variety of methods but still has many outstanding parking fines. Councilman
Lambert stated that the Public Works Committee has now developed language that will be
considered in ordinance form at the next meeting of Town Council. He remarked that Town staff
has attached this information for the Council’s review. Councilman Lambert stated, also, within
the proposed changes, there is language that will allow sign board trailers and other
governmental type function trailers and vehicles to park on public streets without being mobile.
He noted that this is not a significant change but merely reflects the current practices.
Councilman Lambert advised that both of these revisions will be considered at the next meeting
of Town Council. A copy of the Public Works Committee report is attached and made part of
these minutes.
Mayor Crewe stated that as the Council is drafting the ordinance, he is going to pass along the
three comments that he heard from different citizens. He noted that several people were upset
that the ordinance is going to be for one parking ticket. Mayor Crewe commented that he
reassured those people that the proposal is for not less than three outstanding unpaid tickets
before the Police Department will think about placing a boot on a vehicle. Mayor Crewe
remarked that the other issue that he addressed with the Police Department during the Council
Work Session last week was that a ticket will be assessed against the owner of the car who may
not be the driver of the car. He noted, for example, he could borrow Vice-Mayor King’s car, park
it illegally, get a parking ticket, take the ticket with him and she would never know that he
received a parking ticket. Mayor Crewe explained that if he were to do that three times, ViceMayor King might find a boot on her car. He commented that he cannot imagine that scenario
being a big problem because the owner of the vehicle has to know who is getting the tickets, if it
is not the owner personally. Mayor Crewe remarked the other issue is that when the ordinance
is drafted, the Council needs to make sure that all of the parking offenses are covered, and that
does mean an overtime parking ticket, although that is certainly a bulk of the parking tickets. He
stated the Police Department needs to be able to collect on anybody who is improperly parked,
has three tickets or more and who is outstanding. Mayor Crewe noted that he is sure the Public
Works Committee will keep that in mind when the ordinance is drafted.
Councilman Weisiger inquired of Mayor Crewe that if the Council adopts this ordinance, what
happens to the people who already have parking offenses. He inquired of Mayor Crewe if those
people are “grandfathered” or will the Police Department immediately boot the vehicles owned
by those people. Mayor Crewe stated his suggestion would be, thinking personally, if the
Council picks the number three as the number of outstanding tickets, and the person already
has two outstanding tickets and they get a third ticket, they will get a boot placed on their
vehicle. He noted that if the person already has three outstanding tickets, they will receive a
boot, or if they have one ticket and receive two more tickets, they will receive a boot. Mayor
Crewe explained that as long as at any time a person has three outstanding tickets, they will
receive a boot. He remarked that if the Council will remember the list given to them for review,
there are very few people who are close to one or two tickets. Mayor Crewe expressed that
some of the people had seven to ten tickets. He stated he did not think this is going to be the
threshold issue, and it will not be a big issue, however, the Town will not know until it is tested.
Vice-Mayor King commented that it is hard to imagine that people receive parking tickets and do
not pay them. Town Attorney Kaase remarked that it is not hard for him to imagine this. ViceMayor King reiterated that it is hard for her to imagine. Councilman Weisiger advised that he did
not realize a person could get by with not paying the ticket. Councilman Hundley noted that
some people have up to $600.00 worth of tickets. Mayor Crewe stated the people who the
Police Department will be going after have had outstanding tickets that are large dollar amounts
for a long time. He commented that he did not feel like the Police Department is going to be
after the average person parking in Wythe County or the Town of Wytheville, but, instead, the
people who are repeat offenders. Mayor Crewe advised that the Council will be able to see the
language of the ordinance as it proceeds forward and can decide whether or not to give the
ordinance three readings, more or less. He noted it is however the Council prefers to proceed.
Mayor Crewe proceeded with the agenda.
RE: RESOLUTION – VETERANS HOUSING PROJECT
Mayor Crewe advised the next agenda item is a resolution regarding the Wytheville
Redevelopment and Housing Authority Veterans Housing Project. He noted this resolution
authorizes the Town Manager to sign and submit the appropriate documentation for the Virginia
Community Development Block Grant Funding for the Wytheville Redevelopment and Housing
Authority’s Veterans Housing Project. Mayor Crewe commented that the maximum amount of
funding would be $700,000. He remarked that he is sure that is the resolution Mr. Brian Reed is
interested in at this meeting. Mayor Crewe inquired of the Council if there is a motion to adopt
the resolution. A motion was made by Councilman Weisiger and seconded by Councilman
Lambert to adopt a resolution regarding the Wytheville Redevelopment and Housing Authority
Veterans Housing Project. Mayor Crewe inquired if there is any discussion on the motion to
adopt the resolution, and he noted the resolution can be adopted by a voice vote. There being
FOR:
AGAINST:
None
ABSTENTIONS:
None
Mayor Crewe advised that the resolution is adopted. He noted that the Council would get the
required signatures to Mr. Reed shortly. Mayor Crewe inquired of Mr. Reed if he desired to take
the resolution with him after this meeting. Mr. Reed thanked the Town Council, and noted that
the Community Development Block Grant application is complete. Mayor Crewe thanked Mr.
Reed, and he proceeded with the agenda.
RE: ORDINANCE NO. 1289 – “HOME OCCUPATION – INTERNET BASED”
Mayor Crewe advised the next agenda item is Ordinance No. 1289, an ordinance amending and
reenacting Ordinance No. 640, generally known as the Zoning Ordinance, to revise the following
Articles to include the definition and use for “Home Occupation – Internet Based”: Article III –
Definitions; Article VI – Residential District R-1; Article VI-A – Residential District R-1A; Article
VI-M – Residential District R-1M; Article VII – Residential District R-2; Article VII-A – Residential
District R-2 FH; Article VIII - Residential District R-3; and, Article VIII-A – Residential District R-3
MH. He stated this ordinance is before the Council on first reading. Mayor Crewe noted that the
Planning Commission recommended that the ordinance be adopted. Mayor Crewe inquired if
there is a motion to amend the Zoning Ordinance, on first or any other reading. A motion was
made by Vice-Mayor King and seconded by Councilman Hundley to suspend the rules and
adopt Ordinance No. 1289, an ordinance amending and reenacting Ordinance No. 640,
generally known as the Zoning Ordinance, to revise the following Articles to include the
definition and use for “Home Occupation – Internet Based”: Article III – Definitions; Article VI –
Residential District R-1; Article VI-A – Residential District R-1A; Article VI-M – Residential
District R-1M; Article VII – Residential District R-2; Article VII-A – Residential District R-2 FH;
Article VIII - Residential District R-3; and, Article VIII-A – Residential District R-3 MH, on first
and final reading. Mayor Crewe advised that the motion is to suspend the rules and adopt this
amendment to the Zoning Ordinance, effective immediately, on first and final reading. He
inquired if there is any discussion on the motion to adopt Ordinance No. 1289. There being
FOR:
AGAINST:
None
ABSTENTIONS:
None
Ordinance No. 1289 was adopted on first and final reading.
RE: URBAN ARCHERY PROGRAM
Mayor Crewe advised the next agenda item is the consideration of participation in the
Department of Game and Inland Fisheries Urban Archery Program. He stated, as the Council
previously discussed, this program is to help control the deer population in the town. Mayor
Crewe noted that the Town must notify the Department of Game and Inland Fisheries by April 1,
2015, if the Town plans to participate. He explained that the Department of Game and Inland
Fisheries would take over the program, operate it, impose the limitations, etc. Mayor Crewe
commented that, basically, all the Town Council has to do is send a letter stating that the Town
wishes to participate in accordance with the Virginia Department of Game and Inland Fisheries
regulations to have an Urban Archery Program season in the town. He inquired of the Council if
there is a motion to participate in the Department of Game and Inland Fisheries Urban Archery
Program. A motion was made by Vice-Mayor King and seconded by Councilman Weisiger to
participate in the Department of Game and Inland Fisheries Urban Archery Program. Mayor
Crewe inquired of the Council if there is any discussion on the motion to participate in the Urban
Archery Program. There being none, the motion was approved with the following voting in favor
Weisiger, Thomas F. Hundley, H. Judson Lambert. Against: None.
RE: PLANNING COMMISSION RECOMMENDATION – TUSKEENA WYTHEVILLE CENTER
SUBDIVISION REQUEST
Mayor Crewe advised the next agenda item is the Planning Commission recommendation
regarding the request of Tuskeena Wytheville Center for subdivision of the Lee-Hy Shopping
Center property (former Big Lots Shopping Center) located on the north side of East Main Street
between Cassell Road and the Mountain View Square Shopping Center, in a B-2 Business
District. He stated it is not necessary to conduct a public hearing on this matter. Mayor Crewe
commented that the Council has a copy of the plat in their packets for review. He advised that
the Planning Commission is recommending that the subdivision request of Tuskeena Wytheville
Center for the subdivision of the Lee-Hy Shopping Center property (former Big Lots Shopping
Center) located on the north side of East Main Street between Cassell Road and the Mountain
View Square Shopping Center, in a B-2 Business District, be approved, contingent upon the
developer meeting the following stipulations: (1) An acceptable alternative for the requirement
for lot line landscaping shall be provided; (2) All the technical requirements for parking lot
landscaping islands shall be met; (3) The Town shall be provided with copies of ingress and
egress easements that shall be recorded with the plats, and those copies shall be approved by
Town Staff prior to recordation; (4) The Town shall be provided with a stormwater maintenance
agreement among the properties that shall commit present and future property owners to the
responsibility for their share of the maintenance, and the agreement shall be recorded; (5) A
“blanket” easement for access to utilities shall be provided to all property owners in the deeds to
protect utility continuity for parcels that have utilities crossing other parcels; (6) Final technical
requirements for monuments/markers shall be incorporated in the plat and shall be installed in
the field; (7) The compliance of the plat shall meet all technical requirements of the Subdivision
Ordinance, with the exception of alternatives provided for the lot line landscaping; and, (8)
Compliance with Building Code requirements shall be addressed where buildings are removed
or modified. Mayor Crewe inquired of the Council if there is a motion to approve the subdivision
of the Lee-Hy Shopping Center property. A motion was made by Vice-Mayor King and
seconded by Councilman Weisiger to approve the subdivision request of Tuskeena Wytheville
Center for the subdivision of the Lee-Hy Shopping Center property (former Big Lots Shopping
Center) located on the north side of East Main Street between Cassell Road and the Mountain
View Square Shopping Center, in a B-2 Business District, with the following stipulations: (1) An
acceptable alternative for the requirement for lot line landscaping shall be provided; (2) All the
technical requirements for parking lot landscaping islands shall be met; (3) The Town shall be
provided with copies of ingress and egress easements that shall be recorded with the plats, and
those copies shall be approved by Town Staff prior to recordation; (4) The Town shall be
provided with a stormwater maintenance agreement among the properties that shall commit
present and future property owners to the responsibility for their share of the maintenance, and
the agreement shall be recorded; (5) A “blanket” easement for access to utilities shall be
provided to all property owners in the deeds to protect utility continuity for parcels that have
utilities crossing other parcels; (6) Final technical requirements for monuments/markers shall be
incorporated in the plat and shall be installed in the field; (7) The compliance of the plat shall
meet all technical requirements of the Subdivision Ordinance, with the exception of alternatives
provided for the lot line landscaping; and, (8) Compliance with Building Code requirements shall
be addressed where buildings are removed or modified. Mayor Crewe inquired of the Council if
there is any discussion on the motion to approve the subdivision with the eight stipulations.
There being none, the motion was approved with the following voting results: For: Jacqueline K.
King, William B. Weisiger, Thomas F. Hundley, H. Judson Lambert. Against: None. Abstentions:
Trenton G. Crewe, Jr.
Mayor Crewe stated he is abstaining from voting because he is involved in some litigation with
Tuskeena Wytheville Center. Vice-Mayor King expressed that it would be nice to see some
activity happen in that shopping center. Mayor Crewe proceeded with the agenda.
RE: PLANNING COMMISSION RECOMMENDATION – FAIRFIELD GLADE COMPANY
REZONING REQUEST
Mayor Crewe advised the next agenda item is the Planning Commission recommendation
regarding the request of Fairfield Glade Company to rezone a portion of property located on the
west side of Stafford Umberger Drive between George James Drive and Tremough Drive from
R-3 Residential to M-1 Industrial. He noted that Mr. and Mrs. Laster are interested in this
agenda item. Mayor Crewe explained that the recommendation from the Planning Commission
is to approve the request of Fairfield Glade Company to rezone a portion of property located on
the west side of Stafford Umberger Drive between George James Drive and Tremough Drive
from R-3 Residential to M-1 Industrial, with one stipulation. He stated it is necessary to conduct
a public hearing on this matter, and unless someone objects, the Council can meet the
necessary required advertising deadlines, and the public hearing could be held at the April 13,
2015, Council meeting. A motion was made by Councilman Weisiger and seconded by
Councilman Lambert to conduct a public hearing to consider the request of Fairfield Glade
Company to rezone a portion of property located on the west side of Stafford Umberger Drive
between George James Drive and Tremough Drive from R-3 Residential to M-1 Industrial at the
April 13, 2015, Council meeting at 7:00 p.m. Mayor Crewe inquired of the Council if there is any
discussion on the motion to set a public hearing for the April 13, 2015, Council meeting. There
Hundley, H. Judson Lambert. Against: None. Mayor Crewe proceeded with the agenda.
RE: PLANNING COMMISSION RECOMMENDATION – PROPOSED AMENDMENTS TO THE
B-2 DT BUSINESS DOWNTOWN DISTRICT REGARDING THE REVIEW OF SIGNS AND
BUILDING ALTERATIONS
Mayor Crewe advised the next agenda item is the Planning Commission recommendation to
consider amending Article XI-A Business District B-2 DT – General Business District Downtown in the Town of Wytheville Zoning Ordinance regarding the review of signs and
alterations to buildings for Certificates of Appropriateness. He stated it is necessary to conduct a
public hearing on this matter, and unless someone objects, the Council can meet the necessary
required advertising deadlines, and the public hearing could be held at the April 13, 2015,
Council meeting. A motion was made by Councilman Weisiger and seconded by Councilman
Lambert to conduct a public hearing to consider amending Article XI-A Business District B-2 DT
– General Business District - Downtown in the Town of Wytheville Zoning Ordinance regarding
the review of signs and alterations to buildings for Certificates of Appropriateness at the April
13, 2015, Council meeting at 7:00 p.m. Mayor Crewe inquired of the Council if there is any
discussion on the motion to set a public hearing for the April 13, 2015, Council meeting. There
Hundley, H. Judson Lambert. Against: None. Mayor Crewe proceeded with the agenda.
RE: PLANNING COMMISSION RECOMMENDATION – PROPOSED SIGN ORDINANCE
REVISIONS
consider amending Article XXI – Regulating Outdoor Advertising in Sight of Public Streets in the
Town of Wytheville, Virginia, in the Town of Wytheville Zoning Ordinance regarding the
requirements for permits for temporary signs and the timeframe for banners to be installed. He
stated it is necessary to conduct a public hearing on this matter, and unless someone objects,
the Council can meet the necessary required advertising deadlines, and the public hearing
could be held at the April 13, 2015, Council meeting. A motion was made by Councilman
Weisiger and seconded by Councilman Lambert to conduct a public hearing to consider
amending Article XXI – Regulating Outdoor Advertising in Sight of Public Streets in the Town of
Wytheville, Virginia, in the Town of Wytheville Zoning Ordinance regarding the requirements for
permits for temporary signs and the timeframe for banners to be installed at the April 13, 2015,
Council meeting at 7:00 p.m. Mayor Crewe inquired of the Council if there is any discussion on
the motion to set a public hearing for the April 13, 2015, Council meeting. There being none, the
motion was approved with the following voting in favor and there being no opposition: For:
Trenton G. Crewe, Jr., Jacqueline K. King, William B. Weisiger, Thomas F. Hundley, H. Judson
Lambert. Against: None. Mayor Crewe proceeded with the agenda.
RE: PLANNING COMMISSION RECOMMENDATION – SMALL WIND ENERGY SYSTEMS
consider amending the Zoning Ordinance to include Article XXIII – Small Wind Energy Systems
and to include this use in the Zoning Districts of A-1 Agricultural, M-1 Industrial and M-2
Industrial. He stated it is necessary to conduct a public hearing on this matter, and unless
someone objects, the Council can meet the necessary required advertising deadlines, and the
public hearing could be held at the April 13, 2015, Council meeting. A motion was made by
Councilman Weisiger and seconded by Councilman Lambert to conduct a public hearing to
consider amending the Zoning Ordinance to include Article XXIII – Small Wind Energy Systems
and to include this use in the Zoning Districts of A-1 Agricultural, M-1 Industrial and M-2
Industrial at the April 13, 2015, Council meeting at 7:00 p.m. Mayor Crewe inquired of the
Council if there is any discussion on the motion to set a public hearing for the April 13, 2015,
Council meeting. There being none, the motion was approved with the following voting in favor
Weisiger, Thomas F. Hundley, H. Judson Lambert. Against: None. Mayor Crewe proceeded
with the agenda.
Councilman Weisiger inquired of Mayor Crewe if four public hearings are too many to hold at
one Council meeting. Mayor Crewe advised that it should not be, noting that there were very
few people who attended the Planning Commission public hearings for the four topics. He
commented that a couple of the hearings had a few people there to speak in regard to that
topic. Mayor Crewe stated there might be many citizens attend the Council’s public hearings,
but he does not think it will be complicated in terms of the time constraints. He remarked if it is,
the Council will just stay later than they are used to staying.
Mayor Crewe stated he would anticipate that the Council will actually vote on all four
recommendations at the April 13, 2015, Council meeting. He advised the public hearings will be
held, and the Council will vote on the items afterwards. Mayor Crewe thanked all of the citizens
for attending the meeting.
RE: ADJOURNMENT
There being no further business to be discussed, a motion was duly made, seconded and
carried to adjourn the meeting (7:25 p.m.).
Trenton G. Crewe, Jr., Mayor
Sharon G. Corvin, Town Clerk
G:\COUNCIL\Minutes\2015\Council Minutes 032315.doc
BUDGET AND FINANCE COMMITTEE REPORT
MARCH 23, 2015
1.
We have received a request from the Wythe County Genealogical Society
requesting reimbursement for the real estate property tax paid on their property
located at 165 South 11th Street. It has been the practice of the Council, in past
years, to reimburse various non-profit organizations the value of their real estate
taxes. The prorated value of the real estate taxes for 2014 is $294.14. The Wythe
County Genealogical Society owns the building and has paid these taxes but is
seeking a donation equivalent to that amount. It would be the recommendation of
the Budget and Finance Committee that we honor the request of the Wythe
County Genealogical Society and make a donation to them in the amount of
$294.14. We would note, however, that we would recommend that we impose
one caveat that if the building is sold, the value of those taxes will be reimbursed
to the Town.
2.
We have now received our renewal information from The Local Choice. The
Local
Choice
is
the
health
insurance
program
administered
by
the
Commonwealth of Virginia. Currently, The Local Choice uses Anthem as the
provider for insurance services. The Town has been with the State program for
many years because it provides an opportunity for the Town to participate in a
large pool of employers. Our health insurance premiums are, primarily, based on
the value of the claims in the prior year. This next year, Anthem advises that the
Town’s insurance premiums will not increase. The State requires that
1
participating governments declare its intent to renew by April 1 of each year. The
regulations, also, require that a declaration be made of what policies will be
provided to employees. We believe that our health insurance is a very valuable
benefit to our employees and think that we should continue our coverage with
The Local Choice. We, also, believe that the current programs provide a range of
benefits that can tailor the needs of employees. The policies’ differences are the
deductibles and the out-of-pocket expenses. We would like to note that during
the budgetary process, we will also consider the ratio of the payment of the
premium by the Town and the employee. Therefore, it is the recommendation of
the Budget and Finance Committee that we give notice that we intend to renew
our health insurance programs, and that we note that the policies which are
currently in effect will continue to be in effect in the following year.
Jacqueline K. King
William B. Weisiger
H:\COUNCIL\BFCOMMIT.RPT\2015\BFMAR23.doc
2
PUBLIC WORKS COMMITTEE REPORT
MARCH 23, 2015
1.
In an effort to help the Wytheville Redevelopment and Housing Authority, the Town
has agreed to seek grant funding from the Department of Housing and Community
Development that can be used for the Veterans Housing Project. Mount Rogers
Planning District Commission is assisting the Town with this application process.
There was a public hearing held on March 11, and again on March 18, to receive
comments about the Town’s intent to make application. There were no comments
received at either of these public hearings. To complete the application process, the
Council must adopt a resolution endorsing the application and agreeing to the
requirements if awarded funds. This resolution will be considered later this evening,
and it would be the recommendation of the Public Works Committee that the
resolution be adopted.
2.
As we had reported at the last meeting, the Police Department has requested the
Council to make changes to the Town Code regarding parking regulations. In
general, the request of the Police Department is that an additional Code section be
added authorizing the Police Department to immobilize or remove a vehicle, if the
owner has accumulated three unpaid parking tickets. By immobilization, the Police
Department is referring to “booting” the vehicle. The Police Department routinely
experiences issuing tickets to persons who have had multiple offenses. Very often,
the people cited do not pay the fines but continue to park illegally. The Town
attempts to collect these fines through a variety of methods but still has many
1
outstanding parking fines. We have now developed language that will be considered
in ordinance form at the next meeting of Town Council. We have attached this
information for your review. Also, within the proposed changes, there is language
that will allow sign board trailers and other governmental type function trailers and
vehicles to park on public streets without being mobile. This is not a significant
change but merely reflects the current practices. Both of these revisions will be
considered at the next meeting of Town Council.
H. Judson Lambert
Thomas F. Hundley
H:\COUNCIL\PWCOMMIT.RPT\2015\PWMAR23.doc
2

AGENDA Wytheville Town Council April 13, 2015 7:00 p.m.

Transcription

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