PDF Packet

Transcription

PDF Packet

DANVILLE CITY COUNCIL REGULAR MEETING AGENDA
MUNICIPAL BUILDING
August 18, 2015
7:00 P.M.
CITY COUNCIL MEMBERS:
PRESIDING: Sherman M. Saunders, Mayor
James B. Buckner
L. G. “Larry” Campbell, Jr.
John B. Gilstrap
Alonzo L. Jones
STAFF:
Gary P. Miller, Vice Mayor
Albert K. “Buddy” Rawley, Jr.
Fred O. Shanks, III
J. Lee Vogler, Jr.
Joseph C. King, City Manager
Ken F. Larking, Deputy City Manager
W. Clarke Whitfield, Jr., City Attorney
Susan M. DeMasi, City Clerk
Page 1 of 126
MEETING CALLED TO ORDER
ROLL CALL
INVOCATION - J. Lee Vogler, Jr.
PLEDGE OF ALLEGIANCE TO THE FLAG
ANNOUNCEMENTS AND SPECIAL RECOGNITION
COMMUNICATIONS FROM VISITORS
Citizens who desire to speak on matters not listed on the agenda will be heard at this
time. Citizens who desire to speak on agenda items will be heard when the agenda item
is considered.
MINUTES
A.
Consideration of Approval of Minutes for the Regular Council Meeting held on July 21, 2015.
Council Letter Number CL-1233
OLD BUSINESS
A.
Consideration of Adopting an Ordinance for a Budget Appropriation Related to the Maintenance
of Airport Properties.
An Ordinance Amending the Fiscal Year 2016 Budget Appropriation Ordinance to Provide for
State Department of Aviation Maintenance Grant Funds Related to the Maintenance of Certain
Airport Properties in the Amount of $100,000 and for the Local Share in The Amount of $25,000
for a Total Appropriation of $125,000 and Appropriating the Same.
FINAL ADOPTION
NEW BUSINESS
A.
Consideration of Adopting an Ordinance to Amend the Year 2020 Land Use Plan.
1. Public Hearing
2. An Ordinance Amending the Year 2020 Land Use Plan from Opt Office Professional
Transitional to Hi Heavy Industry and Rezoning from TO-C, Transitional Office District to
“Conditional” M-I Industrial Manufacturing District, on Parcel ID# 60538, Otherwise Known as
Grid 0608, Block 004, Parcel 000022.001of the City of Danville, Virginia, Zoning District Map.
B.
Consideration of Adopting an Ordinance to Grant a Special Use Permit for a Communication
Page 2 of 126
B.
Consideration of Adopting an Ordinance to Grant a Special Use Permit for a Communication
Tower.
1. Public Hearing
2. An Ordinance Granting a Special Use Permit to Allow a Communication Tower in Accordance
with Article 3.Q, Section C, Item 8 of the Code of the City of Danville, Virginia, 1986, as
Amended, on Parcel ID# 60538, Otherwise Known as Grid 0608, Block 004, Parcel
000022.001 of the City of Danville, Virginia, Zoning District Map.
C.
Consideration of Adopting an Ordinance to Grant a Special Use Permit at 1041 Piney Forest
Road.
1.
2.
Public Hearing
An Ordinance Granting a Special Use Permit to Allow a Waiver of Yard Requirements in
Accordance with Article 3.M, Section C, Item 21 of the Code of the City of Danville, Virginia,
1986, as Amended, at 1041 Piney Forest Road.
D.
Consideration of Adopting an Ordinance to Rezone Property on Altice Drive.
1.
2.
Public Hearing
An Ordinance Rezoning from T-R, Threshold Residential to S-R, Suburban Residential, Parcel
ID #60027 On Altice Drive, Otherwise Known as Grid 1916, Block 002, Parcel 000016 of the
City of Danville, Virginia, Zoning District Map.
E.
Consideration of Approving one of two Resolutions for the Appeal of the Commission of
Architectural Review's Decision at 944 Main Street.
A Resolution Affirming the Commission of Architectural Review’s Decision at 944 Main Street.
OR
A Resolution Overturning the Commission of Architectural Review’s Decision at 944 Main Street.
F.
Consideration of Adopting an Ordinance to Provide for a Virginia Commission for the Arts Grant.
Council Letter Number CL -1215
An Ordinance Amending the Fiscal Year 2016 Budget Appropriation Ordinance to Provide for a
Virginia Commission for the Arts Grant in the Amount of $5,000, and to Provide for the Local
Share in the Amount of $5,000 for a Total Grant of $10,000.
FIRST READING
G.
Consideration of Adopting an Ordinance to Provide for a Grant from the Department of Historic
Page 3 of 126
G.
Consideration of Adopting an Ordinance to Provide for a Grant from the Department of Historic
Resources.
An Ordinance Amending the Fiscal Year 2016 Budget Appropriation Ordinance to Provide for
a Grant from the Department of Historic Resources in the Amount of $21,250 and Local Match in
the Amount of $21,250 for a Total Grant in the Amount of $42,500 and Appropriating the Same.
FIRST READING
COMMUNICATIONS FROM: A. City Manager
B. City Attorney
C. City Clerk
D. Roll Call ADJOURNMENT
Page 4 of 126
CL-1233
City Council Regular Meeting
Meeting Minutes
Meeting Date: 08/18/2015
Subject:
From:
Item #: A.
Approval of Minutes
Susan M. DeMasi, Clerk of Council COUNCIL ACTION
Business Meeting: 08/18/15
SUMMARY
Consideration of Approval of Minutes for Regular Council Meeting held on July 21, 2015.
Council Letter Number CL - 1233
Attachments
Meeting Minutes
Page 5 of 126
July 21, 2015
The Second Regular July meeting of the Danville City Council was held on July 21, 2015, at
7:00 p.m. in the Council Chambers located on the Fourth Floor of the Municipal Building.
The following Council Members were present: James B. Buckner, L. G. “Larry” Campbell
Jr., John B. Gilstrap, Alonzo L. Jones, Vice Mayor Gary P. Miller, Albert K. “Buddy” Rawley
Jr., Mayor Sherman M. Saunders, Fred O. Shanks, III and J. Lee Vogler (9).
Staff Members present were: Deputy City Manager Ken F. Larking, City Attorney W. Clarke
Whitfield Jr., and City Clerk Susan M. DeMasi. City Manager Joseph C. King was absent.
Mayor Saunders presided.
INVOCATION AND PLEDGE OF ALLEGIANCE
Council Member L.G. “Larry” Campbell, Jr., offered the Invocation; the Pledge of Allegiance
to the Flag followed.
ANNOUNCEMENT AND SPECIAL RECOGNITIONS
Mayor Saunders read a Proclamation entitled “College Bonanza Day” and presented it to
Mildred Richardson, Chair of the College Bonanza Committee who accepted the
Proclamation on behalf of the Committee. Ms. Richardson noted College Bonanza Day
would be held on August 8, 2015 at 10:00 a.m., at Averett University. Council Members
thanked the Committee for the work they are doing for the citizens of Danville.
COMMUNICATIONS
Mayor Saunders reminded citizens that on January 6, 2015, City Council adopted rules
regarding Council meetings. Under Section 4.2, Communications from Visitors, Council
added two items: there shall be a time limit for each individual speaker of five uninterrupted
minutes. A representative of a group may have up to ten uninterrupted minutes to make a
presentation, the representative shall identify the group at the beginning of his or her
presentation and a group may have no more than one spokesperson.
Mayor Saunders recognized the following citizens who spoke in favor of removing the
Confederate Flag from the front of the Danville Museum of Fine Arts and History: Carolyn
LaViscount, 144 Hamilton Street, Danville; Rev. William Avon Keen; Sheila Baynes,
Danville; Cecil Bridgeforth, Danville who also noted the City needed to promote the Museum
and its history. Mayor Saunders recognized the following citizens who spoke in favor of
keeping the flag up at the Danville Museum of Fine Arts & History: John Bryant. Mayor
Saunders also recognized the following citizens: Janice Zimmerman, Iris Lane, Pittsylvania
County who spoke about the history of slavery in the United States. John Townes asked
Council to make wise judgments concerning the welfare of the City. Scott MacKenzie spoke
regarding the law governing the City. Glenn Scearce spoke regarding Confederate soldiers
and sailors who fought for the Civil War.
MEETING MINUTES
Upon Motion by Council Member Buckner and second by Council Member Jones, Minutes
for the Regular Council Meeting held on June 16, 2015 were approved as presented. Draft
copies had been distributed prior to the Meeting.
Page 6 of 126
July 21, 2015
NEW BUSINESS
PUBLIC HEARING - CONSIDERATION OF SPECIAL USE PERMIT FOR GASOLINE
SALES AT 211 NOR DAN DRIVE
Mayor Saunders opened the floor for a Public Hearing to consider a Special Use Permit at
211 Nor Dan Drive. Notice of the Public Hearing was published in the Danville Register and
Bee on July 7, and July 14, 2015. No one present desired to be heard and the Public
Hearing was closed.
Council Member Vogler moved adoption of an Ordinance entitled:
ORDINANCE NO. 2015-07.03
GRANTING A SPECIAL USE PERMIT TO ALLOW THE OPERATION OF A GASOLINE
SALES ESTABLISHMENT IN ACCORDANCE WITH ARTICLE 3.N, SECTION C, ITEM 7
OF THE CODE OF THE CITY OF DANVILLE, VIRGINIA, 1986, AS AMENDED, AT 211
NOR DAN DRIVE
The Motion was seconded by Council Member Jones and carried by the following vote:
VOTE:
AYE:
NAY:
9-0
Buckner, Campbell, Gilstrap, Jones, Miller,
Rawley, Saunders, Shanks and Vogler (9)
None (0)
PUBLIC HEARING – CONSIDERATION OF A SPECIAL USE PERMIT FOR ICE
MANUFACTURING AT 633 NEWTON STREET
Mayor Saunders opened the floor for a Public Hearing to consider a Special Use Permit at
633 Newton Street. Notice of the Public Hearing was published in the Danville Register and
Bee on July 7, and July 14, 2015. No one present desired to be heard and the Public
Hearing was closed.
Council Member Buckner moved adoption of an Ordinance entitled:
GRANTING A SPECIAL USE PERMIT TO ALLOW THE MANUFACTURE OF ICE IN
ACCORDANCE WITH ARTICLE 3.K, SECTION C, ITEM 26 OF THE CODE OF THE CITY
OF DANVILLE, VIRGINIA, 1986, AS AMENDED, AT 633 NEWTON STREET
The Motion was seconded by Council Member Campbell and carried by the following vote:
VOTE:
AYE:
NAY:
9-0
None (0)
PUBLIC HEARING – CONSIDERATION – AMEND CHAPTER 41 OF THE CITY CODE
ENTITLED ZONING ORDINANCE, ARTICLE 15
Page 7 of 126
July 21, 2015
Mayor Saunders opened the floor for a Public Hearing to consider amending Chapter 41 of
the City Code. Notice of the Public Hearing was published in the Danville Register and Bee
on July 7, and July 14, 2015. No one present desired to be heard and the Public Hearing
was closed.
Council Member Gilstrap moved adoption of an Ordinance entitled:
AMENDING CHAPTER 41 ENTITLED “ZONING ORDINANCE” OF THE CODE OF THE
CITY OF DANVILLE, VIRGINIA, 1986, AS AMENDED, MORE SPECIFICALLY ARTICLE
15, ENTITLED “DEFINITIONS”, SECTION B, ENTITLED “DEFINITIONS” TO AMEND THE
DEFINITION OF AGRICULTURE, CAR WASH, AND CREATE NEW DEFINITIONS IF
NEEDED, ARTICLE 3.E, ENTITLED “OLD TOWN RESIDENTIAL DISTRICT” SECTION C.,
ENTITLED “USES PERMITTED BY SPECIAL USE PERMIT” TO ALLOW FOR
AGRICULTURE, AND OTHER ARTICLES AND SECTIONS OF THE CODE IF NEEDED
TO ADDRESS URBAN FARMING
The Motion was seconded by Council Member Vogler.
Vice Mayor Miller questioned exactly what was being changed and noted he has handed out
a paper with comments from Jamie Stowe, Agricultural Extension Agent on recommended
acreages for cows, horses, sheep and goats and chickens.
Division Director of Planning Ken Gillie explained that a definition for urban agriculture was
being created, the City does not have one in the Code. The only definition in the City Code
is that agriculture is only allowed in certain districts; staff is creating additional definitions
that will allow the operation to occur in different areas. The Agriculture definition was
designed for areas of the city that were remnants of the 1988 annexation, mostly large farm
tracks along Westover and some of the areas in the southern portion of the City that are
larger lots.
Council Members Shanks questioned Mr. Gillie regarding areas off of Westover and in the
south where there are 25-50 acre tracks of land that are not currently used for agricultural
purposes, they cannot ever be used for agricultural purposes without getting a special use
permit. Mr. Gillie noted he was not saying they cannot ever; a lot of the property off of
Westover, the large acreage tracks could be in the Sandy River residential district which was
created specifically to address those areas that either had farming or had the ability to have
that. There are places that this is already permitted in Agriculture. It is the areas that didn’t
have it in the past, those smaller lots, such as the Old Town Residential District, the
Threshold Residential, some of the transitional residential lots, this gives an option they
didn’t have before.
Mr. Shanks noted his concern is with Urban Agriculture – the production, keeping or
maintenance for sale, lease or personal use, on lots less than two acres of plants and asked
Mr. Gillie if he is saying that a person can’t have a garden in their backyard. Mr. Gillie
explained he was not saying that, but he hadn’t thought about taking that out of both
definitions until just now. Mr. Shanks noted he thought under this law, his garden right now
would be illegal; Vice Mayor Miller noted his would as well. Mr. Shanks questioned if the
language needed to be changed before Council voted on this ordinance.
Page 8 of 126
July 21, 2015
Mr. Gillie noted he would hate to see Council table the ordinance because the City has a
group that is planning on doing this and trying to meet fall planting season. Staff can go
back and remove that section or remove the personal use portion. Mr. Gilstrap noted he
would not want to put this off and suggested Council vote on it tonight and address any
changes they want to make to it later so that Council does not delay any projects in the
process. Council Member Vogler noted his agreement.
Council Member Shanks offered a Substitute Motion: Mr. Shanks moved that Council adopt
the proposed Ordinance with the following modification: under Urban Agriculture to read as
follows: production, keeping or maintenance for sale or lease on lots or portions of lots
under two acres. Mr. Shanks noted that would eliminate the words “or personal use” from
the language and allow the code change to go forward; Vice Mayor Miller seconded the
motion.
Mr. Whitfield asked for clarification that Mr. Shanks is speaking specifically under Urban
Agriculture and Mr. Shanks noted his motion is Urban Agriculture; the language under
Agriculture might be considered when Mr. Gillie goes back and maybe that needs changing
as well. Mr. Whitfield confirmed Mr. Shanks’ motion was both in the current definition of
Agriculture and the new definition of Urban Agriculture; Mr. Shanks confirmed he would like
that to be in his Motion.
After further discussion the Substituted Language was passed by the following vote:
VOTE:
AYE:
NAY:
9-0
None (0)
Mr. Whitfield explained the Original Motion has substituted language as Mr. Shanks’ motion
passed; Council will vote on the motion as substituted.
The original motion, with the substituted language, passed with the following vote:
VOTE:
AYE:
NAY:
9-0
None (0)
BUDGET AMENDMENT – CONSIDERATION – AMENDING FY16 BAO – NATIONAL
RECREATION AND PARKS ASSOCIATION GRANT FOR $26,050
Upon Motion by Council Member Rawley and second by Council Member Gilstrap an
Ordinance entitled:
AMENDING THE FISCAL YEAR 2016 BUDGET APPROPRIATION ORDINANCE TO
PROVIDE FOR A NATIONAL PARKS AND RECREATION ASSOCIATION GRANT AWARD
IN THE AMOUNT OF $26,050 AND APPROPRIATION OF SAME
was presented by its First Reading, as required by City Charter, to lie over before final
adoption.
Page 9 of 126
July 21, 2015
BUDGET AMENDMENT – CONSIDERATION – AMENDING FY16 BAO – VIRGINIA TECH
SUB-RECIPIENT GRANT FOR $42,821
Upon Motion by Council Member Campbell and second by Council Member Buckner an
Ordinance entitled:
AMENDING THE FISCAL YEAR 2016 BUDGET APPROPRIATION ORDINANCE TO
PROVIDE FOR A VIRGINIA TECH SUBRECIPIENT GRANT AWARD IN THE AMOUNT OF
$42,821 AND APPROPRIATION OF SAME
adoption.
BUDGET AMENDMENT – CONSIDERATION – AMENDING FY16 BAO – REVENUES
FROM VDOT REVENUE SHARING PROGRAM FUNDS IN THE AMOUNT OF $1,075,000
Upon Motion by Council Member Vogler and second by Council Member Rawley an
Ordinance entitled:
AMENDING THE FISCAL YEAR 2016 BUDGET APPROPRIATION ORDINANCE FOR
PROJECTS TO BE UNDERTAKEN WITHIN THE CITY AND TO BE FINANCED
ANTICIPATING REVENUES FROM VIRGINIA DEPARTMENT OF TRANSPORTATION
(VDOT) REVENUE SHARING PROGRAM FUNDS IN THE AMOUNT OF $1,075,000
adoption.
COMMUNICATIONS
There were no communications from the Deputy City Manager or City Clerk. City Attorney
Clarke Whitfield reminded everyone that next month’s meeting, the first meeting of the
month will be on Thursday, August 6, 2015 rather than Tuesday, August 4, 2015 since that
is National Night Out.
ROLL CALL
Council Members thanked everyone for attending the meeting tonight, from both sides, and
appreciated all their input.
Council Member Buckner noted he wanted to give a shout out to Danville By Choice, an
organization doing good work in the area. Mr. Buckner noted there was a story written
about the flags that were on Memorial Drive, that listed a lot of different things the flag
represented. Mr. Bucker stated he got a few calls from people in the public service field, the
police department retired and serving, who were not recognized, and Mr. Buckner noted
those flags were there representing that group as well.
Page 10 of 126
July 21, 2015
Council Member Campbell noted not everybody is going to be happy with some of the
decisions Council has made. Mr. Campbell stated the Confederate Flag issue is very
disturbing to him, he has expressed himself in the past, hopes it could be addressed as
soon as possible and everyone can move forward on this issue. Mr. Campbell reminded
citizens that next month, the first Tuesday, is National Night Out, and Council is looking
forward to going around as they did last year.
Council Member Gilstrap noted he is very proud to be on the board of College Bonanza,
knows how hard they have worked, that it is going to be a very exciting day and knows they
are going to do a lot of good for the youth of the community. Mr. Gilstrap noted if anyone
needs transportation assistance, the Bonanza will have the ability to assist them.
Council Member Jones noted when he was first elected to City Council, Ruby Archie spoke
to him and asked him to do two things for her: first, listen to all the citizens and secondly, to
follow his heart. Two weeks ago at the end of the council meeting, he stated his opinion
with regard to the Confederate Flag, the history behind it and its place inside the Museum.
With the College Bonanza and so many other things going on in Danville, Danville is moving
forward. Mr. Jones noted his agreement with Council Member Campbell, he is ready to
resolve this matter as quickly as Council can so it can continue moving the City forward.
Vice Mayor Miller noted he appreciates the comments from the public tonight and always
learns something. Vice Mayor Miller noted he would like the flag to come down and be put
in the Museum to enhance the display there, but thinks some guarantee might be made that
it wouldn’t disappear six months later and go into the basement; he believed that was a fear
of some people. Vice Mayor Miller noted National Night Out is August 4th and Council is
looking forward to coming out and meeting the citizens.
Council Member Shanks noted he is deeply saddened the City is going through this again
and doesn’t feel comfortable with what may be in the future as Council goes through
whatever decision is made. Mr. Shanks stated if there was ever any place the flag of the
Confederacy should be allowed to fly, it is the last capital of the Confederacy. Mr. Shanks
noted he hates that Council has to take on something so divisive and either way, it is going
to be a black eye for the City. He has heard from numerous people that if an appropriate
offer was made, the Museum should be in a Museum that is not under City control and
hoped Council would consider that should an offer be made. Mr. Shanks stated he does not
believe the flag should be removed from the last capital of the Confederacy, and respected
every member on Council who has his own opinion.
Council Member Vogler noted Ms. Wanda Newcombe was an extraordinary lady, her funeral
was yesterday, she had passed away over the weekend. Mr. Vogler explained she was a
teacher at Stoney Mill Elementary for thirty-eight years. While Mr. Vogler was a student
there, she took a special interest in him because of a common love they shared of Elvis
Pressley. Mr. Vogler noted he was proud to have known her, continues to think about her
family and friends and will miss her greatly.
Mayor Saunders thanked everyone who came to petition their government, that is what
Council is here for; to let views be known and concerns heard. Mayor Saunders noted his
appreciation of the City Council members, and thanked them for what they do every day.
Council makes tough decisions all the time and Mayor Saunders noted Council makes them
in the best interests of the city. There are issues in the community that Council is
Page 11 of 126
July 21, 2015
divided on, but on both sides of the issue are good people. Danville is a great city, it can be
better and believes it will be even greater.
The meeting adjourned at 8:19 p.m.
APPROVED:
_______________________________
MAYOR
ATTEST:
______________________________
CITY CLERK
Page 12 of 126
CL-1183
Subject:
From:
Old Business
Item #: A.
Airport Maintenance Program
Marc Adelman, Director of Transportation Services COUNCIL ACTION
Business Meeting Dates:
08/06/2015 - First Reading
08/18/2015 - Final Adoption
SUMMARY
The Virginia Department of Aviation provides funding to assist airports with preserving facilities in a safe
and economical operating condition. Maintenance grant funding will allow individual airports to receive up
to $100,000 in state aid and defines eligible activities as scheduled and unscheduled maintenance repairs
that are not performed each quarter. State maintenance funding can also be used to obtain grounds
equipment. Funding levels for eligible projects vary between fifty and ninety percent. Projects that support
facility preservation such as crack sealing are funded at higher levels compared to projects that involve the
acquisition or replacement of equipment such as directional sign panels and windsocks. The state will
provide up to fifty percent funding for the purchase of grounds equipment including mowers and
tractors. City Council approval is requested to appropriate funds for Fiscal Year 2016 in order to receive
state funds for this grant program.
BACKGROUND
Last fiscal year airport maintenance funds were used to obtain grounds equipment, repair a navigational
aid, repair the airport canopy and remove obstruction poles. During Fiscal Year 2016, state aviation
maintenance funds will be used to obtain additional grounds equipment and unscheduled pavement and
facility repairs. The total project budget for all items is $125,000 and the State is anticipated to provide up
to $100,000 in funding. The required local match of $25,000 is proposed to be appropriated from the
Support of Grants Fund.
RECOMMENDATION
It is recommended that City Council approve an Ordinance amending the Fiscal Year 2016 Budget
Appropriation Ordinance to provide for Virginia Department of Aviation Airport Maintenance funds and for
the local share and appropriating the same.
Attachments
Ordinance
Page 13 of 126
PRESENTED: ______________
ADOPTED:
______________
ORDINANCE NO. 2015 -______- ______
AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET
APPROPRIATION ORDINANCE TO PROVIDE FOR STATE DEPARTMENT OF AVIATION
MAINTENANCE GRANT FUNDS RELATED TO THE MAINTENANCE OF CERTAIN
AIRPORT PROPERTIES IN THE AMOUNT OF $100,000 AND FOR THE LOCAL SHARE IN
THE AMOUNT OF $25,000 FOR A TOTAL APPROPRIATION OF $125,000 AND
APPROPRIATING THE SAME.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Danville,
Virginia, that the Fiscal Year 2016 Budget Appropriation Ordinance be, and it is hereby,
amended by increasing revenues from the Commonwealth of Virginia, Department of
Aviation, in an amount of $100,000 and the local share for $25,000 for an aggregate amount
of $125,000 for the purpose of providing for a State funded Airport Maintenance Program at
the Danville Regional Airport such funds to be appropriated in the Support of Grants Fund as
follows:
ANTICIPATED REVENUES
Description
FY2016 Airport Maintenance
Categorical Aid – State
Local Share
Account No.
Amount
61147000-45712
61147000-6101
TOTAL
$100,000
25,000
$125,000
ANTICIPATED EXPENDITURES
Description
Account No.
Amount
FY 2016 Airport Maintenance
61147999-50
$125,000
AND BE IT FURTHER ORDAINED that all other accounts and provisions of
the Fiscal Year 2016 Budget Appropriation Ordinance, as amended, not hereby amended,
shall continue in full force and effect unless and until hereafter further amended or repealed.
Page 14 of 126
APPROVED:
___________________________
MAYOR
ATTEST:
_____________________________
CLERK
Approved as to
Form and Legal Sufficiency:
______________________________
City Attorney
2
Page 15 of 126
CL-1219
Subject:
From:
New Business
Item #: A.
Request to amend the Year 2020 Land Use Plan and rezone from TO-C to “Conditional” M-I
District, on parcel ID# 60538
Kenneth C. Gillie, Jr., Planning Director COUNCIL ACTION
Business Meeting: 08/18/15 - Public Hearing
SUMMARY
A request has been filed by Blue Ridge Towers requesting to amend the Year 2020 Land Use Plan from
OPT Office Professional Transitional to HI Heavy Industry and to rezone from TO-C, Transitional Office
District to “Conditional” M-I Industrial Manufacturing District, on parcel ID# 60538, otherwise known as Grid
0608, Block 004, Parcel 000022.001 of the City of Danville, Virginia, Zoning District Map. The applicant is
proposing to rezone to allow for the construction of a communication (cell) tower.
BACKGROUND
A Special Use Permit must be obtained so that a communication tower may be constructed. The
communication tower will be a 150' mono pole tower.
The applicant has submitted a site plan and numerous balloon test photos. The balloon test photos show
numerous locations throughout the City where an eight (8) foot orange balloon was flown at a height of
approximately 150' on site on the parcel. The photos are taken at numerous locations so that visibility of
the balloon/tower can be determined. The photos are labeled with the locations at which they were taken. Article 2.R. 8 requires that the minimum setback distance must be a minimum of ½ the height of the tower. This setback is necessary so that in the event of a failure, a tower that would break in half would be
contained entirely on the parcel in which it is constructed. The applicant has provided an engineer signed
letter from the manufacturer of the tower that states their tower will break at 75’ which will allow the tower
to break at a point that can be contained within the parcel lines of the property.
Another point of concern is compliance with Article 2.R.5. To comply with this coverage maps that indicate
that there is a void of coverage in this area have been included with this Staff Report. This lack of
coverage has been confirmed by numerous cell service providers as well. To validate the need and use of
this new tower, the applicant has provided a commitment from Ntelos.
At their meeting of July 13, 2015 the Planning Commission voted 4-0 (Commissioner’s Scearce, Jones and
Evans absent) to recommend approval of the request as submitted.
RECOMMENDATION
It is recommended that City Council adopt an Ordinance amending the Year 2020 Land Use Plan from
Page 16 of 126
It is recommended that City Council adopt an Ordinance amending the Year 2020 Land Use Plan from
OPT Office Professional Transitional to HI Heavy Industry and rezoning from TO-C, Transitional Office
District to “Conditional” M-I Industrial Manufacturing District, on parcel ID# 60538, otherwise known as Grid
0608, Block 004, Parcel 000022.001 of the City of Danville, Virginia, Zoning District Map.
Attachments
Ordinance
Planning Backup
Proffer List
Page 17 of 126
PRESENTED:
ADOPTED:
ORDINANCE NO. 2015-____.____
AN ORDINANCE AMENDING THE YEAR 2020 LAND USE PLAN FROM
OPT OFFICE PROFESSIONAL TRANSITIONAL TO HI HEAVY INDUSTRY AND
REZONING FROM TO-C, TRANSITIONAL OFFICE DISTRICT TO “CONDITIONAL” M-I
INDUSTRIAL MANUFACTURING DISTRICT, ON PARCEL ID# 60538, OTHERWISE
KNOWN AS GRID 0608, BLOCK 004, PARCEL 000022.001 OF THE CITY OF DANVILLE,
VIRGINIA, ZONING DISTRICT MAP.
WHEREAS, in accordance with the Code of the City of Danville, Virginia,
1986, as amended, Anthony Smith on behalf of Blue Ridge Towers, LLC, has requested to
amend the Year 2020 Land Use Plan from OPT Office Professional Transitional to HI Heavy
Industry and to rezone from TO-C, Transitional Office District to “Conditional” M-I Industrial
Manufacturing District, on parcel ID# 60538, otherwise known as Grid 0608, Block 004,
Parcel 000022.001 of the City of Danville, Virginia, Zoning District Map.
Virginia, that the report of the City Planning Commission recommending approval of
Rezoning Application PLRZ20150000184, filed by Blue Ridge Towers requesting to amend
the Year 2020 Land Use Plan from OPT Office Professional Transitional to HI Heavy Industry
and to rezone from TO-C, Transitional Office District to “Conditional” M-I Industrial
Manufacturing District, on parcel ID# 60538, otherwise known as Grid 0608, Block 004,
Parcel 000022.001 of the City of Danville, Virginia, Zoning District Map, be, and the same is
hereby, received, and
BE IT FURTHER ORDAINED that in accordance with the Code of the City of
Danville, the conditions proffered by Anthony Smith on behalf of Blue Ridge Tower, LLC, in
conjunction with Rezoning Application PLRZ20150000184, filed by Blue Ridge Towers
requesting to amend the Year 2020 Land Use Plan from OPT Office Professional
Transitional to HI Heavy Industry and to rezone from TO-C, Transitional Office District to
Page 18 of 126
“Conditional” M-I Industrial Manufacturing District, on parcel ID# 60538, otherwise known as
Grid 0608, Block 004, Parcel 000022.001 of the City of Danville, Virginia, Zoning District
Map, as provided in Exhibit “A”, attached hereto and made part hereof, be, and the same are
hereby, received, accepted and approved, and
BE IT FURTHER ORDAINED that in consideration of said report and the
public hearing this day held by Council, Rezoning Application PLRZ20150000184, filed by
Blue Ridge Towers requesting to amend the Year 2020 Land Use Plan from OPT Office
Professional Transitional to HI Heavy Industry and to rezone from TO-C, Transitional Office
District to “Conditional” M-I Industrial Manufacturing District, on parcel ID# 60538, otherwise
known as Grid 0608, Block 004, Parcel 000022.001 of the City of Danville, Virginia, Zoning
District Map, described in the Proffer of Conditions by Anthony Smith on behalf of Blue Ridge
Towers, LLC, which is attached hereto as Exhibit “A” and incorporated herein by reference
be, and the same is hereby, rezoned subject to said conditions from TO-C, Transitional
Office District to “Conditional” M-I Industrial Manufacturing District, and parcel ID# 60538,
otherwise known as Grid 0608, Block 004, Parcel 000022.001 of the City of Danville,
Virginia, Zoning District Map, be, and the same is hereby, amended from TO-C, Transitional
Office District to “Conditional” M-I Industrial Manufacturing District, and
BE IT FINALLY ORDAINED that the Year 2020 Land Use Plan for parcel
ID#60538, otherwise known as Grid 0608, Block 004, Parcel 000022.001 of the City of
Danville, Virginia, Year 2020 Land Use Map, is hereby amended from OPT Office
Professional Transitional to HI Heavy Industry.
APPROVED:
____________________________
MAYOR
2
Page 19 of 126
ATTEST:
___________________________
CLERK
Approved as to
____________________________
Assistant City Attorney
3
Page 20 of 126
CITY PLANNING COMMISSION
Post Office Box 3300 Danville, Virginia (434) 799-5261
MEMORANDUM
DATE:
JULY 13, 2015
TO:
CITY COUNCIL
FROM:
SUBJECT:
"CONDITIONAL" REZONING REQUEST
REQUEST:
Rezoning Application PLRZ20150000184, filed by Blue Ridge Towers requesting to
amend the Year 2020 Land Use Plan from OPT Office Professional Transitional to HI
Heavy Industry and to rezone from TO-C, Transitional Office District to "Conditional" M-I
Industrial Manufacturing District, on parcellD# 60538, otherwise known as Grid 0608,
Block 004, Parcel 000022.001 of the City of Danville, Virginia, Zoning District Map. The
applicant is proposing to rezone to allow for the construction of a communication (cell)
tower.
RECOMMENDATION:
The Planning Commission voted 4-0 (Commissioner's Scearce, Jones and Evans
absent) to recommend approval of the request as submitted.
1J~
If'k (reG)
Mr. Bruce Wilson, Vice-Chairman
RESPONSES:
Nine (9) notices were sent to surrounding property owners within three hundred (300) feet of the
subject property. Three (3) responses were received all were not opposed (Jones, Eanes, SRE LLC).
Zero (0) were opposed.
COMMENTS:
"I do have some questions. Some of the neighbors think you will take our homes & land" (Jones).
Page 21 of 126
<;11\ ' <>1 1);\11\1111:, \'i lgniil
PLANNING REPORT
P.O. Box 3300
Danville, VA 24543
(434) 799-5261
City Planning Commission
Meeting of July 13, 2015
Subject:
Rezoning Application PLRZ20150000184, filed by Blue Ridge Towers
requesting to amend the Year 2020 Land Use Plan from OPT Office
Professional Transitional to HI Heavy Industry and to rezone from TO-C,
Transitional Office District to "Conditional" M-I Industrial Manufacturing
District, on parcellD# 60538, otherwise known as Grid 0608, Block 004,
Parcel 000022.001 of the City of Danville, Virginia, Zoning District Map. The
applicant is proposing to rezone to allow for the construction of a
communication (cell) tower.
AND
Special Use Permit Application PLSUP20150000185, filed by Blue Ridge
Towers requesting a Special Use Permit to allow a communication tower in
accordance with Article 3. Q; Section C, Item 8 of the Code of the City of
Danville, Virginia, 1986, as amended on parcellD# 60538, otherwise known
as Grid 0608, Block 004, Parcel 000022.001 of the City of Danville, Virginia,
Zoning District Map. The applicant is proposing to construct a communication
(cell) tower at this location.
Background:
The subject property, parcel ID# 60538, is zoned TO-C , Transitional Office District and
is improved with only a small abandoned commercial structure . The applicant, Anthony
Smith on behalf of a Blue Ridge Towers , is requesting to amend the Yea r 2020 Land
Use Plan from OPT Office Professional Transitional to HI Heavy Industry and to rezone
from TO-C , Transitional Office District to "Conditional " M-I Industrial Manufacturing
District and to obtain a Special Use Permit so that a communication tower may be
constructed . The communication tower will be a 150' monopole tower.
The applicant has subm itted a site plan and numerous balloon test photos . The balloon
test photos show numerous locations throughout the City where an eight (8) foot orange
balloon was flown at a height of approximately 150' on site on the parcel. The photos
Page 22 of 126
are taken at numerous locations so that visibility of the balloon/tower can be
determined . The photos are labeled with the locations that they were taken.
Article 2.R. 8 requires that the minimum setback distance must be a minimum of 11, the
height of the tower. This setback is necessary so that in the event of a failure , a tower
that would break in half would be contained entirely on the parcel in which it is
constructed. The applicant has provided an engineer signed letter from the
manufacturer of the tower that states their tower will break at 75' which will allow the
tower to break at a point that can be contained within the parcel lines of the property.
Article 2.R. 8 states:
The maximum height for commercial communication towers shall be one
hundred and fifty (150) feet. An additional twenty (20) feet of antenna height may
be added onto the maximum one hundred and fifty (150) foot tower height for the
installation of omnidirectional or whip antenna for a total height of tower and
antenna to be a maximum of one hundred and seventy (170) feet from grade.
The minimum setback distance from the base of the commercial communications
tower to any property line or to any adjacent nonresidential structure shall be
equal to one-half (Yz) the total combined height of the tower and antenna, unless
the City Manager or Planning Commission grants a waiver due to special or
unusual characteristics.
Another point of concern is compliance with Article 2.R.5. To comply with this coverage
maps that indicate that there is a void of coverage in this area have been included with
this Staff Report. This lack of coverage has been confirmed by numerous cell service
providers as well. To validate the need and use of this new tower, the applicant has
provided a commitment from Ntelos.
Article 2.R.5. states:
No telecommunication tower(s) shall be located within five hundred (500) feet of
a residential zoning district unless the applicant can otherwise demonstrate by
providing coverage, interference and capacity analysis that the proposed location
of the antenna is necessary to meet the frequency reuse and spacing needs of
the wireless telecommunications facility and to provide adequate coverage and
capacity to areas which cannot be adequately served by locating the tower(s) in
a less sensitive area.
Nine (9) notices were sent to surrounding property owners within three hundred (300)
feet of the subject property. A full report will be presented at the City Planning
Commission meeting on July 13, 2015.
Page 23 of 126
Staff Analysis and Recommendation:
Staff recommends approval of Rezoning Application PLRZ20150000184, filed by Blue
Ridge Towers requesting to amend the Year 2020 Land Use Plan from OPT Office
Professional Transitional to HI Heavy Industry and to rezone from TO-C, Transitional
Office District to "Conditional" M-I Industrial Manufacturing District, on parcel 10# 60538,
otherwise known as Grid 0608 , Block 004, Parcel 000022.001 of the City of Danville,
Virginia , Zoning District Map subject to the conditions submitted by the applicant.
Staff recommends approval of Special Use Permit Application PLSUP20150000185,
filed by Blue Ridge Towers requesting a Special Use Permit to allow a communication
tower in accordance with Article 3.0; Section C, Item 8 of the Code of the City of
Danville, Virginia, 1986, as amended on parcel 10# 60538, otherwise known as Grid
0608, Block 004, Parcel 000022.001 of the City of Danville, Virginia, Zoning District Map
subject to the condition that the structure shall be a metal monopole. Staff recommends
monopoles due to their similarity to other utility structures used by the City of Danville,
and their lower failure rate compared to lattice type towers.
City Planning Commission Alternatives:
1. Recommend approval of Rezoning Application PLRZ20150000184 as
submitted.
2. Recommend approval of Rezoning Application PLRZ20150000184 subject to
conditions by the Planning Commission.
3. Recommend denial of Rezoning Application PLRZ20150000184 as
submitted .
1.
2.
3.
4.
Recommend approval of Special Use Permit Application
PLSUP20150000185 as submitted.
PLSUP20150000185 subject to the condition per staff.
PLSUP20150000185 subject to conditions by the Planning Commission.
Recommend denial of Special Use Permit Application PLSUP20150000185
as submitted .
Attachments:
Application
Property Ownership/Zoning Map
Data Sheet
Existing Land Use Map (2012 Aerial)
Year 2020 Land Use Map
Page 24 of 126
CITY OF DANVILLE
REZONING APP LICATION
TO THE CITY PLANNING COMM ISS ION AND THE HONORABLE C ITY COUNC IL:
Applicati on is hereby made for the rezoning as described below:
INFORMATION TO BE PROVIDED BY THE PLANNING DIVISION
CASE NU MBER: _ _ _ _ _ _ _ _ _ __
EXISTING ZONING: _ _ _ _ _ _ _ __
PROPOSED ZON ING: _ _ _ _ _ _ _ __
TAX MAP NUMBER: _ _ _ __ _ _ __
RECE IVED BY: _ _ _ _ _ _ _ _ _ __
DATE FILED: _ _ _ _ _ _ _ _ _ __
CITY COUNCIL DATE:_ _ _ _ _ _ __
PLANN ING COMM ISS ION DATE: _ _ _ __
INFORMATION TO BE PROVIDED BY THE APPLICANT
Exact lega l description of property (Attach if insufficient space).
Gross ArealNet Area:
Property Location: N
PA(t (.0.1 -:# 6 053 fJ
S E.(jj) Side Of:_.!.Z'-"~...>,./).t"'[)'.fL2"--'71'-"-'C£"------.,.__------------
f), '/2.
Am6'S
Property Address:
g'
Ac2~'j ('()tJ~S
and
Proffered Conditions (if any, please attach):
4
g, $LO£}
rt-Ifodd
PR ESENT OWNER (S) OF ALL PROPERTI ES INCLUDED IN APPLICATION (PLEASE TYPE OR PRINT):
I.
NAME:JNclos41rl !Jallel~ ~
MA ILING ADDRESS
SIGNATUR.E:
CfJtj- 7'13-/753
Sh-l1ei .:#:J D3 ~:?#
TELEPHONE:
ot= l)q~
2.)Z,~
SIGNATURE:
EMA IL
DATE:;zj...J..Ldtli.../
DATE: _ _ _ __
ADDRESS: tJIIJ9UlrOc./.Jt+fIJ./I~.vA-, tlS
APPLICANT (PLEASE TYPE OR PRINT):
If the app licant is not the property owner, written authorizat ion from the property owner must accompa ny this
application.
2SJ"e. 72;Jfe.. 7ii<Jtr>s/A~/ ~ELEPHONE: Sf!()-J'l? t r;:2.r?
MAILING ADDRESS '101 (Jfh't..Js,.im<J 7laP JC#7J04 tA4t2Lj()/t,
NAME:
EMA IL ADDRESS:
SIGNATURE:<
&~iI~8Ivea.,-Jfe &BtS,C~A..
~?=
P.O. Box 3300 Danville, V A 24543
C2
434-799-5261
Fax 434-797-8919
DATE:t.j5/l6
www,danv
ille-va.gov
Page
25 of 126
EXPLANAnON OF REQUEST:
1. NEW COMMERCIALIINDUSTRIAL DEVELOPMENT:
Please provide ten (10) sets, blue or black line copies, of a final site plan with the following
information:
•
Proposed use of the land: size and location of structures with dimensions to lot lines.
•
Vehicular circulation system with points of ingress and egress.
•
Existing on-site buildings, separation dimensions and paved areas.
•
Location and dimensions of all parking and loading areas, including the number of off-street
parking and loading spaces provided.
•
Net acreage.
•
Gross and net square footage of building (s) (proposed and existing).
•
Required landscaping and buffer areas.
Please provide a brief description of the proposed development:
2. ALTERATION OF ZONING BOUNDARIES:
Please provide a survey of proposed Zoning boundaries.
Please provide a brief description of the request:
Z)f./£- ?Z~r2-72>~s= )'er;;;;,l.~ :0
£cm
"IOC (iM.Jdl/;,y./ oflccl
*
/Jail TtJ~. tA.'5
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II ctJlUf;,J"J4.Ij",,-
of" ~ e'l''S/7
2"rl
3. RESIDENTIAL REZONING:
434-799-5261
Fax 434-797-8919
www.danville-va.gov
Page 26 of 126
/
Page 1 of2
Danville, VA Zoning
B. - Permitted Uses.
1. Airport.
2.
Aircraft-related industry.
3.
Artisan/craftsman manufacturing.
4.
Auto and light vehicle service establishments (with screened outdoor service and storage areas).
5.
Contractor's offices, shops and storage yards.
6.
Establishments for scientific research, development and training, or corporate offices (excepting
biomedical, biological and chemical establishments).
7.
Establishments for manufacturing, production, processing, assembly, compounding, cleaning,
servicing, storage, testing, repair and distribution of materials, goods or products, which conform
to federal, state and City environmental performance standards. (excepting those uses which are
specifically prohibited by this article or which require a special use permit).
8.
Gasoline sales establishments (with indoor repair services and no outdoor vehicle storage).
9.
Heavy equipment sale, rental and service establishments, including farm equipment.
10.
Heavy vehicle service establishments (with screened outdoor service and storage areas).
11.
Hotels and motels, with or without eating establishments.
12.
Light wholesale trade establishments, (with outdoor storage).
13.
Lumber yards and building material yards, to include rock sand and gravel storage.
14.
Metal fabrication.
15.
Motor freight terminals.
16.
Motor vehicle storage and impoundment yards.
17.
Plant nursery.
18.
Private training facilities and vocational schools.
19.
Recycling centers.
20.
Retail sales related to establishments permitted by-right, provided that products are produced on
the premises or by the same corporate entity.
21.
Storage yards (with coverage subject to Additional Regulations).
22.
Truck or train terminal.
@
@
Uses permitted by right or by special use permit in the LED-I District.
Uses permitted by right or by special permit in the HR-C District.
25.
Warehouses, including mini-warehouses.
26.
Exterminator.
(Ord. No. 2004-02.04, Art. 3.Q, § B, 2-17-04; Ord. No. 2005-04.04, 4-5-05)
c. - Uses Permitted by Special Use Permit.
1.
Adult entertainment establishments. X
2.
Asphalt mixing plant.
3.
Automobile auction facility.
4.
Blast furnace.
Page 27 of 126
about:blank
6/5/2015
Page 2 of2
Danville, V A Zoning
5.
Bulk storage of flammable materials.
6.
Bus and railroad terminals.
7.
Coal, wood or wood distillation facilities.
@
9.
Communication towers.
Concrete mixing and batching production.
10.
Drive-in movie theaters.
11.
Establi shments for biomedical, biological and chemical scientific research, development and
training.
12.
Extraction, storage or distribution of mineral resources, including gravel or sand.
13.
Fertilizer, lime or cement manufacturing.
tJ2
15.
Heavy public utility uses, to include:
a.
Electrical generating plants.
b.
Sewerage treatment plants.
Heliports and hellpads.
16. Junkyard, as defined.
17.
Metal foundries, smelting, processing, fabrication and storage.
18.
Power generation facility.
19.
Private garbage incineration.
20.
Public utilities and facilities.
21.
Residential dwelling unit appurtenant to and contained within a commercial or industrial building
for the specific use of a watchman or caretaker.
22.
Sanitary landfill.
23.
Soap manufacture.
24.
Stockyards.
25.
Tanning and curing of skins.
26.
Use with lot frontage on the Dan River.
27.
Use with lot frontage or within the aviation impact area of the Danville Regional Airport.
28.
Veterinary hospitals, inclusive of boarding kenne ls.
29.
Waiver of floor area ratio.
30.
Waiver of building height.
31.
Waiver of minimum lot size.
32.
Waiver of minimum district size when in confo rmance with the Comprehensive Plan.
33.
Regional brewery.
34.
Cemetery.
(Ord. No. 2004-02.04, Art. 3.0, § C. 2-17-04; Ord. No. 2012-11.09, 11 -20- 12; Ord. No. 2014-09.07, 9-1614)
Page 28 of 126
about:blank
6/5/2015
Michael f, Plahovln5aK,
P , ~,
June 26, 2015
81ue Ridge Towers
Re:
Proposed 150-ft Monopole
Located in Danville, VA- Oak Street Site
MFP #23515-383ITAPP TP-13526
I understand that there may be some concern on the part of local building officials regarding the potential
for failure of the proposed communication monopole. Communication structures are designed in
accordance with the Telecommunications Industry Association ANSIffIA-222-G, "Structural Standards for
Steel Antenna Towers and Antenna Supporting Structures", This structure is to be fabricated by
TransAmerican Power Products.
[have designed this monopole to withstand a basic wind speed of90 mph as recommended by ANSIffIA222-G for Danville, Virginia. The design also con/ontls to the requirements o/the 2006-2012 International
Building Code.
This monopole has been intentionally designed to acoommodate a fall radius. The upper 75' of the pole has
been designed to meet the wind loads of the design, however, the lower portion of the pole has been
designed with a minimum 10% extra capacity. Assuming the pole has been fabricated according to my
design and well maintained, in the event of a failure due to extreme wind and a comparable appurtenance
antenna loads (winds in excess of the design wind load), it would yield/buckle at the 75' elevation, swing
down and be supported by the ground and the buckle point at 75'. After the pole has buckled, it would be
very unlikely that the section would become unattached due to crumpled steel and internal coaxial cables.
Under these circumstances, neighboring property would be unaffected by a collapse.
The structure has been designed with all of the applicable factors as required by the code. Communication
poles are safe structures with a long history of reliable operation.
I hope this review of the monopole design has given you a greater degree of comfort regarding the design
capacity inherent in pole structures. If you have any additional questions please call me at 614-398-6250 or
email mike@rnfpe ng. com .
Sincerely,
Michael F. Plahovinsal<, P.E.
Professional Engineer
18"501 Stat~ Route 161 - Platn C1t4. OH 4"5064
(614) "598-62'50 - mlk~"'mfpenq.com
Page 29 of 126
Ntelos coverage loss after removal of the water tower that currently holds antennae for
Ntelos and AT&T
Page 30 of 126
Current Ntelos coverage
Page 31 of 126
--
•
From railroad tracks
Page 32 of 126
From south parking lot of mall
Page 33 of 126
From mall
Page 34 of 126
Panoramic from Mall
Page 35 of 126
/
From Robertson Bridge
Page 36 of 126
Height verification
Page 37 of 126
I
NORHURST P
Toe
INOUSTR IAL 0
1M
SURROUNDING PROPERTY OWNERS AND ZONING WITHIN 300 FEET OF SUBJECT PROPERTY
'1
Prepared by:
Planning Division
6/24 /2015
Disdaimer: Information contained on this map is to be used for reference purposes only. The City of Danville is not responsible for any inaccurades
herein contained. The City of Danville makes no representation of warranty as to this map's accuracy. and in particular, its accuracy in labeling,
dimensions, contours, property boundaries, or placement or location of any map featu res thereon. No respon sibility is assumed for damages or other
liabiliti es due to the accuracy, availability, use cr misuse of the information herein provi ded
Page 38 of 126
REZONING AND SPECIAL USE PERMIT REQUEST
DATA SHEET
DATE:
July 13, 2015
LOCATION OF PROPERTY:
ParcellD# 60538
PRESENT ZONE:
TO-C , Transitional Office District
PROPOSED ZONE:
Conditional" M-I Industrial Manufacturing
District
LAND USE PLAN DESIGNATION:
OPT Office Professional Transitional to HI
Heavy Industry
ACTION REQUESTED:
1.
Transitional Office District to "Conditional" M-Ilndustrial Manufacturing
2.
Zoning District Map. The applicant is proposing to construct a
communication (cell) tower at this location.
PRESENT USE OF PROPERTY:
Vacant
PROPOSED USE OF PROPERTY:
Communication (cell) tower
PROPERTY OWNER (S):
Industrial Development Authority of Danville,
VA
NAME OF APPLICANT (S) :
Blue Ridge Towers
PROPERTY BORDERED BY:
Residential and Church to the north,
residential to the east and south, mixed
residential to the west.
ACREAGE/SQUARE FOOTAGE:
2.42 acres (approximately)
CHARACTER OF VICINITY:
Mixed residential and Industrial
INGRESS AND EGRESS:
Oak Ridge Ave and Bishop Rd .
TRAFFIC VOLUME:
Low to Moderate
NEIGHBORHOOD REACTION :
To be reported at the Planning Commission
meeting of July 13, 2015.
Page 39 of 126
2012 AERIAL VIEW OF AREA SURROUNDING SUBJECT PROPERTY
Prepared by:
Planning Division
6/24/2015
Disdaimer: Information contained on this map is to be used for reference purposes only. The City of Danville is not responsible for any inaccuraties
herein contained . The City of Oanville makes no representation of warranty as to this map's accuracy, and in particular, its accuracy in labeling.
Page
40 of 126
dimensions, contours. property boundaries, or placement or location of any map features thereon. No responsibility
is assumed
for damages or other
liabilities due to the accuracy, avaJlability, use or misuse of the information herein provided.
v
USR
HI
CS
PSA
YEAR 2020 LAND USE PLAN FOR AREA SURROUNDING SUBJECf PROPERTY
Prepared by:
Planning Division
6/24/20 15
Disdaimer: Information contained on this map is to be used for reference purposes only. The City of Danville is not responsible for any inaccuracies
herein contained . The Ci ty of Danville makes no representation of wa rranty as to this map's accuracy, and in particular, Its accuracy in labeling.
dimensions , contours. property boundaries, or ~Iacemenl or location of any map features thereon. No responsibility
is assumed
damages or other
Page
41 of for
126
liabilities due to the accuracy. availability, use or misuse of the information herein provided.
EXHIBIT A
Proffer list to "Conditional" M-I Industrial Manufacturing District, on parcel 10#
60538, otherwise known as Grid 0608, Block 004, Parcel 000022.001 of the City of
Danville, Virginia, Zoning District Map.
B.
1.
2.
3.
4.
- Permitted Uses.
Airport.
Aircraft related industry.
Artisan,{craftsman manufacturing.
Auto and light 'Jehicle service establishments 0Nith screened outdoor service and
storage areas).
5. Contractor's offices, shops and storage yards.
6. Establishments for scientific research, development and training, or corporate
offices (e*cepting biomedical, biological and chemical establishments).
7. Establishments for manufacturing, produotion, prooessing, assembly, oompounding,
cleaning, servicing, storage, testing, repair and distribution of materials, goods or
products, 'Nhich conform to federal, state and City environmental performance
standards. (e*cepting those uses which are speoifically prohibited by this article or
'Nhioh require a special use permit).
8. Gasoline sales establishments ('tVith indoor repair services and no outdoor vehicle
storage).
Q. Hea'.R,t' equipment sale, rental and service establishments, including farm
equipment.
10. Heavy vehicle service establishments (\flith screened outdoor service and storage
areas).
11. Hotels and motels, '....ith or 'tVithout eating establishments.
12. Light wholesale trade establishments, (with outdoor storage).
13. Lumber yards and building material yards, to include rock sand and gravel storage.
14. Metal fabrication.
15. Motor freight terminals.
16. Motor vehicle storage and impoundment yards.
17. Plant nursery.
18. Pri'Jate training faoilities and vocational schools.
1Q. Recycling centers.
20. Retail sales related to establishments permitted by right, provided that products are
produced on the premises or by the same oorporate entity.
21. Storage yards ('-'lith coverage subject to Additional Regulations).
22. Truck or train terminal.
23. Uses permitted by right or by special use permit in the LED-I District.
24. Uses permitted by right or by special permit in the HR-C District.
25. \AJarehouses, including mini warehouses.
26. E~erminator.
C. - Uses Permitted by Special Use Permit.
1. Adult entertainment establishments.
Page 42 of 126
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
Asphalt mixing plant.
Automobile auction faoility.
Blast furnaoe.
Bulk storage of flammable materials.
Bus and railroad terminals.
Coal, 'Nood or '...'Ood distillation faoilities.
Communication towers.
Conorete mixing and batching production.
Dri\'e in movie theaters.
Establishments for biomedioal, biologioal and ohemioal soientifio research,
development and training.
Extraction, storage or distribution of mineral resources, inoluding gra~1 or sand.
Fertilizer, lime or cement manufacturing.
Heavy public utility uses, to include:
a. Electrical generating plants.
b. Sewerage treatment plants.
Heliports and hellpads.
Junkyard, as defined.
Metal foundries, smelting, prooessing, fabrioation and storage.
PO'lJer generation faoility.
Private garbage inoineration.
Publio utilities and faoilities.
Residential dwelling unit appurtenant to and oontained 'l.'ithin a commercial or
industrial building for the speoifio use of a 'Natohman or oaretaker.
Sanitary landfill.
Soap manufacture.
Stookyards.
Tanning and ouring of skins.
Use 'Nith lot frontage on the Dan River.
Use with lot frontage or within the aviation impaot area of the Danville Regional
J\irport.
Veterinary hospitals, inolusive of boarding kennels.
Waiver of floor area ratio.
Waiver of building height.
Waiver of minimum lot size.
Waiver of minimum district size when in conformance with the Comprehensive Plan.
Regional bre'Nery.
Cemetery.
~7
Anthony Smith, Blue Ridge Towers
Date
Page 43 of 126
CL-1221
Subject:
From:
New Business
Item #: B.
Request a Special Use Permit to allow a communication tower on Parcel ID#60538
SUMMARY
A request has been filed by Blue Ridge Towers requesting a Special Use Permit to allow a communication
tower in accordance with Article 3.Q; Section C, Item 8 of the Code of the City of Danville, Virginia, 1986,
as amended on parcel ID# 60538, otherwise known as Grid 0608, Block 004, Parcel 000022.001 of the
City of Danville, Virginia, Zoning District Map. The applicant is proposing to construct a communication
BACKGROUND
A Special Use Permit must be obtained so that a communication tower may be constructed. The
communication tower will be a 150' mono pole tower.
The applicant has submitted a site plan and numerous balloon test photos. The balloon test photos show
numerous locations throughout the City where an eight (8) foot orange balloon was flown at a height of
approximately 150' on site on the parcel. The photos are taken at numerous locations so that visibility of
the balloon/tower can be determined. The photos are labeled with the locations at which they were
taken. Article 2.R. 8 requires that the minimum setback distance must be a minimum of ½ the height of the tower. This setback is necessary so that in the event of a failure, a tower that would break in half would be
contained entirely on the parcel in which it is constructed. The applicant has provided an engineer signed
letter from the manufacturer of the tower that states their tower will break at 75’ which will allow the tower
to break at a point that can be contained within the parcel lines of the property.
Another point of concern is compliance with Article 2.R.5. To comply with this coverage maps that indicate
that there is a void of coverage in this area have been included with this staff report. This lack of coverage
has been confirmed by numerous cell service providers as well. To validate the need and use of this new
tower, the applicant has provided a commitment from Ntelos.
At their meeting of July 13, 2015, the Planning Commission voted 4-0 (Commissioner’s Scearce, Jones
and Evans absent) to recommend approval of the request subject to the condition that the structure shall
be a metal monopole.
RECOMMENDATION
It is recommended that City Council adopt an Ordinance granting a Special Use Permit to allow a
Page 44 of 126
It is recommended that City Council adopt an Ordinance granting a Special Use Permit to allow a
communication tower in accordance with Article 3.Q; Section C, Item 8 of the Code of the City of Danville,
Virginia, 1986, as amended on parcel ID# 60538, otherwise known as Grid 0608, Block 004, Parcel
000022.001 of the City of Danville, Virginia, Zoning District Map subject to the condition that the structure
shall be a metal mono pole.
Attachments
Ordinance
Planning Backup
Page 45 of 126
PRESENTED:
ADOPTED:
ORDINANCE NO. 2015-____.____
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW A
COMMUNICATION TOWER IN ACCORDANCE WITH ARTICLE 3.Q, SECTION C, ITEM 8
OF THE CODE OF THE CITY OF DANVILLE, VIRGINIA, 1986, AS AMENDED, ON
PARCEL ID# 60538, OTHERWISE KNOWN AS GRID 0608, BLOCK 004, PARCEL
000022.001 OF THE CITY OF DANVILLE, VIRGINIA, ZONING DISTRICT MAP.
Virginia, that the report of the Planning Commission recommending approval of Special Use
Permit Application PLSUP20150000185, filed by Blue Ridge Towers requesting a Special
Use Permit to allow a communication tower in accordance with Article 3.Q, Section C, Item 8
of the Code of the City of Danville, Virginia, 1986, as amended, on parcel ID# 60538,
otherwise known as Grid 0608, Block 004, Parcel 000022.001 of the City of Danville,
Virginia, Zoning District Map is hereby received subject to condition that the structure shall
be a metal monopole; and
public hearing this day held by Council, Special Use Permit Application
PLSUP20150000185, filed by Blue Ridge Towers requesting a Special Use Permit to allow a
communication tower in accordance with Article 3.Q, Section C, Item 8 of the Code of the
City of Danville, Virginia, 1986, as amended, on parcel ID# 60538, otherwise known as Grid
0608, Block 004, Parcel 000022.001 of the City of Danville, Virginia, Zoning District Map, is
hereby granted and approved subject to condition that the structure shall be a metal
monopole.
APPROVED:
____________________________
MAYOR
Page 46 of 126
ATTEST:
___________________________
CLERK
Approved as to
____________________________
Page 47 of 126
MEMORANDUM
DATE:
JULY 13, 2015
TO:
CITY COUNCIL
FROM:
SUBJECT:
SPECIAL USE PERMIT REQUEST
REQUEST:
Special Use Permit Application PLSUP20150000185, filed by Blue Ridge Towers
requesting a Special Use Permit to allow a communication tower in accordance with
Arlicle 3. Q; Section C, Item 8 of the Code of the City of Danville, Virginia, 1986, as
amended on parcellD# 60538, otherwise known as Grid 0608, Block 004, Parcel
000022.001 of the City of Danville, Virginia, Zoning District Map. The applicant is
proposing to construct a communication (cell) tower at this location.
RECOMMENDATION:
absent) to recommend approval of the request subject to the condition that the structure
shall be a metal monopole.
S.J4uL
It'k
(J:CG)
RESPONSES:
Nine (9) notices were sent to surrounding property owners within three hundred (300) feet of the
subject property. Three (3) responses were received all were not opposed (Jones, Eanes, SRE LLC).
Zero (0) were opposed.
COMMENTS:
"I do have some questions. Some of the neighbors think you will take our homes & land" (Jones).
Page 48 of 126
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PLANNING REPORT
P.O. Box 3300
Danville, VA 24543
(434) 799-5261
Subject:
Transitional Office District to "Conditional" M-I Industrial Manufacturing
AND
Zoning District Map. The applicant is proposing to construct a communication
Background:
The subject property, parcel ID# 60538, is zoned TO-C , Transitional Office District and
is improved with only a small abandoned commercial structure. The applicant, Anthony
Smith on behalf of a Blue Ridge Towers, is requesting to amend the Year 2020 Land
Use Plan from OPT Office Professional Transitional to HI Heavy Industry and to rezone
from TO-C, Transitional Office District to "Conditional" M-I Industrial Manufacturing
District and to obtain a Special Use Permit so that a communication tower may be
constructed . The communication tower will be a 150' monopole tower.
The applicant has submitted a site plan and numerous balloon test photos . The balloon
test photos show numerous locations throughout the City where an eight (8) foot orange
balloon was flown at a height of approximately 150' on site on the parcel. The photos
Page 49 of 126
are taken at numerous locations so that visibility of the balloon/tower can be
determined . The photos are labeled with the locations that they were taken.
Article 2.R. 8 requires that the minimum setback distance must be a minimum of % the
height of the tower. This setback is necessary so that in the event of a failure , a tower
that would break in half would be contained entirely on the parcel in which it is
constructed. The applicant has provided an engineer signed letter from the
manufacturer of the tower that states their tower will break at 75' which will allow the
tower to break at a point that can be contained within the parcel lines of the property.
Article 2.R. 8 states:
The maximum height for commercial communication towers shall be one
hundred and fifty (150) feet. An additional twenty (20) feet of antenna height may
be added onto the maximum one hundred and fifty (150) foot tower height for the
installation of omnidirectional or whip antenna for a total height of tower and
antenna to be a maximum of one hundred and seventy (170) feet from grade.
The minimum setback distance from the base of the commercial communications
tower to any property line or to any adjacent nonresidential structure shall be
equal to one-half (Y» the total combined height of the tower and antenna, unless
the City Manager or Planning Commission grants a waiver due to special or
unusual characteristics.
Another point of concern is compliance with Article 2.R.5. To comply with this coverage
maps that indicate that there is a void of coverage in this area have been included with
this Staff Report. This lack of coverage has been confirmed by numerous cell service
providers as well. To validate the need and use of this new tower, the applicant has
provided a commitment from Ntelos.
Article 2.R.5. states:
No telecommunication tower(s) shall be located within five hundred (500) feet of
a residential zoning district unless the applicant can otherwise demonstrate by
providing coverage, interference and capacity analysis that the proposed location
of the antenna is necessary to meet the frequency reuse and spacing needs of
the wireless telecommunications facility and to provide adequate coverage and
capacity to areas which cannot be adequately served by locating the tower(s) in
a less sensitive area.
Nine (9) notices were sent to surrounding property owners within three hundred (300)
Page 50 of 126
Staff recommends approval of Rezoning Application PLRZ20150000184, filed by Blue
Ridge Towers requesting to amend the Year 2020 Land Use Plan from OPT Office
Professional Transitional to HI Heavy Industry and to rezone from TO-C , Transitional
Office District to "Conditional" M-I Industrial Manufacturing District, on parcel ID# 60538,
otherwise known as Grid 0608 , Block 004 , Parcel 000022.001 of the City of Danville,
Virginia , Zoning District Map subject to the conditions submitted by the applicant.
Staff recommends approval of Special Use Permit Application PLSUP20150000185 ,
filed by Blue Ridge Towers requesting a Special Use Permit to allow a communication
tower in accordance with Article 3.Q; Section C, Item 8 of the Code of the City of
Danville , Virginia, 1986, as amended on parcellD# 60538, otherwise known as Grid
0608, Block 004, Parcel 000022.001 of the City of Danville, Virginia , Zoning District Map
subject to the condition that the structure shall be a metal monopole. Staff recommends
monopoles due to their similarity to other utility structures used by the City of Danville,
and their lower fa ilure rate compared to lattice type towers.
1. Recommend approval of Rezoning Application PLRZ20150000184 as
submitted.
2. Recommend approval of Rezoning Application PLRZ20150000184 subject to
conditions by the Planning Commission .
3. Recommend denial of Rezoning Application PLRZ20150000184 as
submitted .
1.
2.
3.
4.
PLSUP20150000185 as submitted .
PLSUP20150000185 subject to the condition per staff.
PLSUP20150000185 subject to conditions by the Planning Commission .
Recommend denial of Special Use Permit Application PLSUP20150000185
as submitted.
Attachments:
Application
Data Sheet
Page 51 of 126
CITY OF DANVILLE
SPECIAL USE PERMIT APPLICATION
TO THE CITY PLANNING COMMISSION AND THE HONORABLE CITY COUNCIL:
Application is hereby made for the Special Use Permit as described below:
APPPLICATION IS HEREBY MADE FOR A SPECIAL USE PERMIT TO AUTHORIZE THE FOLLOWING
USE: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _---'--_ _ _ _ _ _ _ _ _ _ __
CASE NUMBER: _ _ _ _ _ _ _ _ __
EXISTING ZONING: _ _ _ _ _ _ _ __
PROPOSED ZONING:, _ _ _ _ _ _ _ __
TAX MAP NUMBER: _ _ _ _ _ _ _ __
RECEIVED BY: _ _ _ _ _ _ _ _ __
DATE FILED: _ _ _ _ _ _ _ _ _ __
PLANNING COMMISSION DATE: _ _ _ __
CITY COUNCIL DATE:, _ _ _ _ _ _ __
INFORMATION TO BE PROVIDED BY THE APPLICANT
(pLEASE TYPE OR PRINT)
Exact legal description of property (Attach if insufficient space),
Gross Area/Net Area:
,Q. tf2.. JtkI!!S
Property Address:
A/lt~1 #-!, OS3?!
Property Location: N S E@Sideof:,---'-8JJ.i..
.s'LJhCJ.OIJP"--.L1<-'-'1_
J _ _ _ _ _ _ _ _ _ _ _ _ _ __
Between:
J3,:sJDfJ
7f1
and
DAk.
1(,01162 live
Proffered Conditions (if any, please attach):
ik"CPMotfl ~OklaMW~ ~oJ :if~df/f)
P,O, Box 3300 Danville, VA 24543
434-799-5261 Fax 434-797-8919
www,danville-va,gov
Page 52 of 126
EXPLANATION OF REOUEST:
1.
PROPOSED USE FOR THE SPECIAL USE PERMIT:
Please provide a site plan with the following information:
•
•
•
•
Location and dimensions of all parking and loading areas, including the number of off-street parking and
loading spaces provided.
•
Net acreage.
•
•
23/0f?, ((
rJ9e
/o1Vez,J J ::I;uc
It aOrnmvN I~~ ~elL
Iff
PRESENT OWNER (S) OF ALL PROPERTIES INCLUDED IN APPLICATION (PLEASE TYPE OR PRINT):
L
NAME:JNclvIaJ 1kv~/ofM'fJ liuifonlt; "f TELEPHONE: '139· 2q3- !?53
1¥t,., uH~ vAI). 11~
::tI:J 03 DtAJ"~ 411MAILING ADDRESS:
I . '127 ffnTU10/1-'eJ
•
SIGNATURE:
DATE: _ _ _ __
SIGNATURE:
DATE: _ _ _ __
EMAILADDRESS:t.).Cib\[email protected]~v)-jf.e.vA ,oS
If the applicant is not the property owner, written authorization from the property owner must accompany this
:~::ij~d'J ~Aid.JpLrELEPHONE: S~()-39~·l,t:J.cP
MAILING ADDRESS:
7"0/ c141N.s£o,7)
'gmJAc@ 81t/tY<./'J.
P.O. Box 3300 Danville, VA 24543
7trt
72C5Wvi~
- {'041
434-799-5261 Fax 434-797-8919
t/d-
.2lftl/6
•
www.danville-va.gov
Page 53 of 126
Michael f, Plahovln5ak,
P,~,
June 26, 20 IS
Blue Ridge Towers
Re:
Proposed ISO-ft Monopole
Located in Danville, VA- Oak Street Site
MFP #23S15-383ITAPP TP-13526
I understand that there may be some concern on the part af local building officials regarding the potential
for failure of the proposed communication monopole. Communication structures are designed in
accordance with the Telecommunicati ons lndustry Association ANSIffIA·222-G, "Structural Standards for
Steel Antenna Towers and Antenna Supporting Structures". This structure is to be fabricated by
TransAmerican Power Products.
[ have designed th is monopole to withstand a basic wind speed of90 mph as recommended by ANSIfflA222-0 for Dan vi lle, Virginia. The design also cOllforms to the requirements oJthe 2006-2012 lntemafional
Building Code.
This monopole has been intentionall y designed to accommodate a fall radius. The upper 75 ' of the pole has
been designed to meet the wind loads of th e design, however, the lower portion of the pole has been
designed with a minimum 10% ex tra capacity. Assuming the pole has been fabricated according to my
design and well maintained, in the event of a failure due to extreme wind and a comparable appurtenance
antenna loads (winds in excess of the design wind load), it would yield/buckle at th e 75 ' elevation, swing
down and be supported by the ground and th e buckl e point at 75'. After the pole has buckled, it would be
very unlikely that the section would become unattached due to crumpled steel and internal coax ial cab les.
Under these circumstances, neighboring property would he unaffected by a collapse.
The structure has been designed with all of the applicable factors as required by the code. Communication
poles are safe structures with a long history of reliable operation.
[ hope this review of the monopole design has given you a greater degree of comfort regarding the design
capacity inherent in pole structures. If you have any additional questions please call me at 6 14-398-62S0 or
emai l [email protected] .
Sincerely,
Michael F. Plahovinsak, P.E .
Professional Engineer
18~OI State Rout. 161 - Plain Clt4. OH 4~064
C614) ~98-62?O - mlk.<ilmfpenq .com
Page 54 of 126
Ntelos coverage loss after removal of the water tower
Ntelos and AT&T
Page 55 of 126
coverage
Page 56 of 126
- ----...
---
•
From railroad tracks
Page 57 of 126
From south parking lot of mall
Page 58 of 126
From mall
Page 59 of 126
Panoramic from Mall
Page 60 of 126
From Robertson Bridge
Page 61 of 126
Page 62 of 126
/
NORHURST P
Toe
INDUSTRIAL D
1M
SURROUNDING PROPERTI OWNERS AND ZONING WITHIN 300 FEET OF SUBJECf PROPERTI
i
Prepared by:
Planning Division
6/24/2015
Disclaimer: Information contained on this map is to be used for reference purposes only. The City of Danville is not responsible for any inaccuracies
herein contained. The City of Danville makes no representat ion of warranty as 10 this map's accuracy, and In particular, its accuracy in labeling,
dimensions. contours, property boundaries , or placement or location of any map features thereon. No responsib ility is assumed for damages or other
liabilities due 10 the accuracy. availability. use or misuse of the information herein provided .
Page 63 of 126
REZONING AND SPECIAL USE PERMIT REQUEST
DATA SHEET
DATE:
July 13, 2015
Parcel ID# 60538
PRESENT ZONE:
TO-C, Transitional Office District
PROPOSED ZONE:
Conditional" M-I Industrial Manufacturing
District
OPT Office Professional Transitional to HI
Heavy Industry
ACTION REQUESTED:
1.
Transitional Office District to "Conditional" M-Ilndustrial Manufacturing
Parcel 000022.001 ofthe City of Danville, Virginia, Zoning District Map. The
2.
Zoning District Map. The applicant is proposing to construct a
communication (cell) tower at this location.
Vacant
Communication (cell) tower
PROPERTY OWNER (5):
Industrial Development Authority of Danville,
VA
NAME OF APPLICANT (5):
Blue Ridge Towers
ACREAGEISQUARE FOOTAGE:
2.42 acres (approximately)
Mixed residential and Industrial
INGRESS AND EGRESS:
Oak Ridge Ave and Bishop Rd.
TRAFFIC VOLUME:
Low to Moderate
NEIGHBORHOOD REACTION:
To be reported at the Planning Commission
meeting of July 13, 2015.
Page 64 of 126
Prepared by:
Planning Divis ion
6/24/2 01 5
Disdaimer: Information contained on this map is to be used for reference purposes only. The City of Danville is not responsible for any inaccuraaes
herein con tained. The City of Danville makes no representation of warranty as to this map's accuracy, and in particular, its aCaJracy in labeling,
Page
65 of 126
dimensions, contours. property boundaries, or placement or location of any map features thereon. No responsibility
is assumed
fOf damages or other
liabilities due to the accuracy, availability, use cy misuse of the information herein provided .
v
YEAR 2020 lAND USE PlAN FOR AREA SURROUNDING SUBJECf PROPERTY
Prepared by:
Planning Division
6/24/2015
Disclaimer: Information con tained on th is map is to be used for refe rence purposes only. The City of Danville is not respons ible for any inaccuracies
herein con ta ined. The City of Danville makes no representa tion of warranty as to this map's accuracy, and in particular, its accuracy in labeling,
Page
66 of for
126
dimensions, con tours, property boundaries, or placement or location of any map features thereon No responsib ility
is assumed
damages or other
liabilities due to the accuracy, availability, use or mi suse of the information herein provided.
CL-1220
Subject:
From:
New Business
Item #: C.
Request a Special Use Permit to allow a waiver of yard requirements at 1041 Piney Forest
Road
SUMMARY
A request has been filed by National Restaurant Designers requesting a Special Use Permit to allow a
waiver of yard requirements in accordance with Article 3.M; Section C, Item 21 of the Code of the City of
Danville, Virginia, 1986, as amended at 1041 Piney Forest Rd, otherwise known as Grid 1811, Block 004,
Parcel 000001 of the City of Danville, Virginia, Zoning District Map. The applicant is proposing to allow a
six (6) foot front yard setback where thirty (30) feet is required.
BACKGROUND
This property is currently developed with a Biscuitville restaurant and accompanying off street parking
spaces. The applicants plan to remodel the interior of the store, as well as add an addition to the front. This addition will allow for internal access to bathrooms as well as reconfigure the dining area. The
addition will be approximately 8’10” x 28’3” with an additional 3’6” overhang around the addition. This will
make the setback approximately six (6) foot where thirty (30) feet is required.
The new addition will actually reduce the number of seats from 56 to 52 due to the construction of internal
bathroom facilities. This addition will result in the loss of one (1) parking space, but due to the reduction in
seating capacity, no issue is created since the existing parking lot has sufficient spaces to meet the seating
needs. The Planning Commission voted 4-0 (Commissioner’s Scearce, Jones and Evans absent) to recommend
approval of the request with the following conditions:
1. The front yard setback shall not be less than six (6) feet along the Ash Street (south) side of the
property.
2. The front yard setback shall not be less than twenty (20) feet along the Piney Forest (east) side of
the property.
RECOMMENDATION
It is recommended that City Council adopt an Ordinance granting a Special Use Permit to allow a waiver of
Page 67 of 126
It is recommended that City Council adopt an Ordinance granting a Special Use Permit to allow a waiver of
yard requirements in accordance with Article 3.M; Section C, Item 21 of the Code of the City of Danville,
Virginia, 1986, as amended at 1041 Piney Forest Rd, otherwise known as Grid 1811, Block 004, Parcel
000001 of the City of Danville, Virginia, Zoning District Map subject to the following conditions:
1. The front yard setback shall not be less than six (6) feet along the Ash Street (south) side of the
property.
2. The front yard setback shall not be less than twenty (20) feet along the Piney Forest (east) side of
the property.
Attachments
Ordinance
Planning Backup
Page 68 of 126
PRESENTED:
ADOPTED:
ORDINANCE NO. 2015-____.____
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW A
WAIVER OF YARD REQUIREMENTS IN ACCORDANCE WITH ARTICLE 3.M, SECTION C,
ITEM 21 OF THE CODE OF THE CITY OF DANVILLE, VIRGINIA, 1986, AS AMENDED, AT
1041 PINEY FOREST ROAD.
Virginia, that the report of the Planning Commission recommending approval of Special Use
Permit Application PLSUP20150000182, filed by National Restaurant Designers requesting a
Special Use Permit to allow a waiver of yard requirements in accordance with Article 3.M,
Section C, Item 21 of the Code of the City of Danville, Virginia, 1986, as amended, at 1041
Piney Forest Road, otherwise known as Grid 1811, Block 004, Parcel 000001 of the City of
Danville, Virginia, Zoning District Map is hereby received subject to the following conditions:
1. The front yard setback shall not be less than six (6) feet along the Ash Street
(south) side of the property.
2. The front yard setback shall not be less than twenty (20) feet along the Piney
Forest (east) side of the property.
AND BE IT FURTHER ORDAINED that in consideration of said report and the
public hearing this day held by Council, Special Use Permit Application
PLSUP20150000182, filed by National Restaurant Designers requesting a Special Use
Permit to allow a waiver of yard requirements in accordance with Article 3.M, Section C, Item
21 of the Code of the City of Danville, Virginia, 1986, as amended, at 1041 Piney Forest
Road, otherwise known as Grid 1811, Block 004, Parcel 000001 of the City of Danville,
Virginia, Zoning District Map, is hereby granted and approved subject to the following
conditions:
1. The front yard setback shall not be less than six (6) feet along the Ash Street (south)
side of the property.
Page 69 of 126
APPROVED:
____________________________
MAYOR
ATTEST:
___________________________
CLERK
Approved as to
____________________________
2
Page 70 of 126
MEMORANDUM
DATE:
JULY 13, 2015
TO:
CITY COUNCIL
FROM:
SUBJECT:
REQUEST:
Special Use Permit Application PLSUP20150000182, filed by National Restaurant
Designers requesting a Special Use Permit to allow a waiver of yard requirements in
accordance with Article 3. M; Section C, Item 21 of the Code of the City of Danville, Virginia,
1986, as amended at 1041 Piney Forest Rd, otherwise known as Grid 1811, Block 004,
Parcel 000001 of the City of Danville, Virginia, Zoning District Map. The applicant is
proposing to allow a six (6) foot front yard setback where thirty (30) feet is required.
RECOMMENDATION:
The Planning Commission voted 4-0 (Commissioner's Scearce, Jones and Evans absent)
to recommend approval of the request with the following conditions:
1. The front yard setback shall not be less than six (6) feet along the Ash Street (south)
side of the property.
2. The front yard setback shall not be less than twenty (20) feet along the Piney Forest
(east) side of the property.
-B.J1W'
Jr;£eo/ (,KLG)
RESPONSES:
Eight (8) notices were sent to surrounding property owners within three hundred (300) feet of the subject
property. Four (4) responses were received . Three (3) were not opposed (JHC Properties, Brackin,
Walsh). One (1) was opposed (Skatetown).
COMMENTS:
"Am not opposed as long as view to exit Ash SI. is not obstructed. View is curreny obstructed because of
bushes & landscaping making for a hazardous entry to Piney Forest Road ." JHC Properties, LLC
Page 71 of 126
....
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•
•
8lJJm~r}!y
PLANNING REPORT
Danville, VA 24543
P.O. Box 3300
(434) 799-5261
Meeting of May 11 , 2015
Subject:
Special Use Permit Application PLSUP20150000182, filed by National
Restaurant Designers requesting a Special Use Permit to allow a waiver
of yard requirements in accordance with Article 3.M; Section C, Item 21 of
the Code of the City of Danville, Virginia, 1986, as amended at 1041 Piney
Forest Rd, otherwise known as Grid 1811, Block 004, Parcel 000001 of
the City of Danville, Virginia, Zoning District Map. The applicant is
proposing to allow a six (6) foot front yard setback where thirty (30) feet is
required.
Background:
A request has been filed by National Restaurant Designers for a Special Use Permit to
allow a waiver of yard requirements in accordance with Article 3.M; Section C, Item 21
of the Code of the City of Danville, Virginia, 1986, as amended at 1041 Piney Forest Rd ,
otherwise known as Grid 1811 , Block 004 , Parcel 000001 of the City of Danville,
Virginia, Zoning District Map. The applicant is proposing to allow a six (6) foot front yard
setback where thirty (30) feet is required .
This property is currently developed with a Biscuitville restaurant and accompanying off
street parking spaces. The applicants plan to remodel the interior of the store, as well
as add an addition to the front. This addition will allow for internal access to bathrooms
as well as reconfigure the dining area. The addition will be approximately 8'10" x 28'3"
with an additional 3'6" overhang around the addition. This will make the setback
approximately six (6) foot where thirty (30) feet is required.
The new addition will actually reduce the number of seat from 56 to 52 due to the
construction of internal bathroom facilities. This addition will result in the loss of one (1)
parking space, but due to the reduction in seating capacity, no issue is created since the
existing parking lot has sufficient spaces to meet the seating needs.
Eight (8) notices were sent to surrounding property owners within three hundred (300)
Page 72 of 126
Staff believes the expansion will be in keeping with the character of surrounding
properties and will not impact traffic along Piney Forest Road and Ash Street. Due to
the substantial right-of-way at the intersection of these two (2) roads, the addition will
still be approximately twenty-seven (27) feet from the back of the curb on Piney Forest
Road, twenty-five (25) feet from the stop bar exiting Ash Street onto Piney Forest. The
setback proposed of six (6) feet will be on the Ash Street frontage.
Based on the above analysis, staff recommends approval of Special Use Permit
Application PLSUP20150000182, filed by National Restaurant Designers requesting a
Special Use Permit to allow a waiver of yard requirements in accordance with Article
3.M; Section C, Item 21 of the Code of the City of Danville, Virginia, 1986, as amended
at 1041 Piney Forest Rd, otherwise known as Grid 1811, Block 004, Parcel 000001 of
the City of Danville, Virginia, Zoning District Map. Staff recommends approval with the
following conditions:
1. The front yard setback shall not be less than six (6) feet along the Ash Street
(south) side of the property.
1. Recommend approval of Special Use Permit Application
PLSUP20150000182 with conditions per staff.
PLSUP20150000182 subject to conditions by the Planning Commission.
PLSUP20150000182 as submitted.
4. Recommend denial of Special Use Permit Application PLSUP20150000182
as submitted .
Attachments:
Application (includes site and interior plan and elevation drawing)
Data Sheet
Page 73 of 126
CITY OF DANVILLE
SPECIAL USE PERMIT APPLICA TlO!'
TO THE CITY PLANNING COMMISSION AND THE HONORABLE C ITY COUNCIL:
Application is hereby made for the Special Use Permit as described below:
APPPLICATION IS HEREBY MADE FOR A SPECIAL USE PERo\11T TO AUTHORIZE THE FOLLOWING
USE: _______________________________________________________________
CASE NUMBER: ____________________
EXISTING ZONING: ________________
PROPOSED ZONTNG: __________________
TAX MAP NUMBER: _ _ _ _ _ _ _ _ __
RECE IVE D BY: ___________________
DATEFILED· ______________________
PLANNING COMMISSION DA TE: _________
CITY COCNC I L DA TE :________________
INFORMATION TO BE PROVIDED BY THE APPLlCA:-IT
(PLEASE TYPE OR PRINT)
Exact legal description of property (Attac h ifinslIfficien l space).
Gross ArealNe' Area: 1.969 SO. FT.
Property Address: 104! Piney Forest Rd. Dan vi lle V A 24540
Property Locat ion : W Side of_--"-P'!!1"£
ey,--",Fo",r£es",.£R,,,dL.",a'c.!,,,,he,,,c,;ol.!.ffiWe,,r-,!o,,-f,,,A,,,sh,,-,,-StL'"'A"'nll.dLP"in"'eyyLFQo!.',rc"'-stL!R"'d,L._ _ _ _ __
Between : _ _-"G",o",ld",elln.."S",kllill",c,-'_ _ _ _ _ _ _ and
_~S'_'k"'a"'te--'T'-'o"'w"'-n_ _ _ _ _ _ _ _ _ _ _ __
Proffered Condi tIOn s (if any. please attach): _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
434-799-5261 Fax 43-1-797-8919
www.danville-va.gov
Page 74 of 126
EXPLANATION OF REOUEST:
I.
PROPOSED USE FOR THE SPECIAL USE PERMIT:
Please provide a site plan with the following infonnat lon:
•
Proposed use of the land: size and location of structures with dImensions to lot line s.
•
VehIcu lar circulation system with points of ingress and egress.
•
Existing on -si te buildings. separat ion dimensions and paved areas.
•
Location and dimensions of all parking and loading areas, including the number of off-street parking and
loading spaces provided.
•
Net acreage.
•
Gross and nel square footage of building (s) (proposed and existing).
•
Required landscaping and buffer areas .
Please provide a brief descnptlon of the proposed development:
Provide a approximately 12 ' dining room addition to the front of the Existing Biscuitville Building at 1041
Piney Forest Rd. in Danville. VA. Ex isting Building is +/-1.716 SO. FT. addition wiJl be +1- 253 SO. FT.
PRESENT OWNER (S) OF ALL PROPERTIES INCLUDED IN APPLICATION (PLEASE TYPE OR PRlNT) :
I. NAME:
Biscuitville
TELEPHONE:
MAILIN~":GreenSboro,
SIGNAT~_
336-553-3746
NC 27405
DATE:
~Z.yk
SIGNATURE: _ _ _ _ _ _ _ __ __ __ _ __ _ _ _ _ DATE: _ _ _ __
EMAIL ADDRESS:
dshotwe II (@bi scuitvi lle.com
If the applicant is not the property owner, written authOrization from the property owner must accompany thIs
application.
NAME: Nationa l Restaurant Designers (Paige Wood)
TELE PH ONE:
MAILING ADDRESS:
2805 Meridian Parkway Durham, NC 27713
EMAIL ADDRESS:
[email protected]
SIGNATURE: ~\Go4
*
P,O. Box 3300 Danville, VA 24543
919-544 -0087
Wl!JePQ
434- 799-526 1 Fax 434-797 ·8919
DATE ~'\~·~
wwv. .danville-va.gov
Page 75 of 126
Page 76 of 126
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FRESH en
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BV118 Danville, VA, Piney Forest Rd.
Rev. 1: 6-10-15
Restroom Addition
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Page 77 of 126
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Page 79 of 126
ARNETT BLVD
JOHNSON 0
HRC
SURROUNDING PROPERTY OWNERS AND ZONING WITHIN 300 FEET OF SUBJECT PROPERTY
~.
Prepared by:
Planning Division
6 /24/2015
Disdaimer: Information contained on th is map IS to be used for refe rence purposes only. The City of Danville is not responsible for any inaccuracies
herein contained. The City of Danville makes no representation of warran ty as to this map's accuracy, and in particular, its accu racy in labeling,
dimensions, contours, property boundaries, or placement or locati on of any map features the reon. No respo nsibitity is assumed for damages or other
liabilities due to the accuracy, availability, use or misuse of the information herein provided.
Page 80 of 126
DATA SHEET
DATE:
July 13, 2015
1041 Piney Forest Rd
PRESENT ZONE:
HR-C Highway Retail Commercial
Community Service
ACTION REQUESTED:
The applicant is proposing to allow a six
(6) foot front yard setback where thirty
(30) feet is required .
Biscuitville Restaurant.
Expanded Biscuitville Restaurant.
PROPERTY OWNER (S):
RFK Family Limited
NAME OF APPLICANT (S):
National Restaurant Designers
Commercial to the north , east and south,
0.62 acres
Commercial
INGRESS AND EGRESS:
Piney Forest Road and Ash St.
TRAFFIC VOLUME:
High and Low
To be reported at the Planning
Commission meeting of July 13, 2015.
Page 81 of 126
Prepared by:
Pl anning Division
6/24/20 15
Disdaimer: Information contained on this map $ 10 be used for reference purposes only. The City of Danville is nol responsible for any inaccurades
herein contained . The City of Danville makes no representa ti on of warranty as to this map's accuracy. and in particular, its accuracy in labeling,
dimensions, contours, property boundaries, or placement or location of any map features thereon. No responsibility
is assumed
damages or other
Page
82 of for
126
liabilities due to the accuracy. availability. use or misuse of the information herein provided.
USR
SSR
PSA
ARNETT BLVD
USR
OPT
USR
OPT
YEAR 2020 LAND USE PLAN FOR AREA SURROUNDING SUBJECT PROPERTY
Prepared by:
Planning Division
6/24/2015
Oisdaimer: Information contained on this map is to be used for reference purposes only. The City of Danville is not respons ible !Of any inaccuracies
herein contained . The City of Danville makes no representa tion of warranty as 10 this map's accuracy, and in particular, its accuracy in labeling.
dimensions , con tours, property boundaries, or placement or location of any map features thereon. No responsibility
is assumed
Page
83 of 126
liabilities due to the accuracy. availability, use or misuse of the infOfTTlallon herein provided.
CL-1218
Subject:
From:
New Business
Item #: D.
Request to rezone fromT-R to S-R Parcel ID#60027 on Altice Drive
SUMMARY
A request has been filed by Ricky and Shelby Wharton to rezone from T-R, Threshold Residential to S-R,
Suburban Residential, Parcel ID #60027 on Altice Drive, otherwise known as Grid 1916, Block 002, Parcel
000016 of the City of Danville, Virginia, Zoning District Map. The applicant is proposing to rezone to allow
for a consolidation. BACKGROUND
This property is currently an undeveloped lot owned by the applicants. The applicants own a total of three
adjoining lots in the area. One lot has their residence and two additional vacant parcels. One of the
vacant parcels is zoned S-R Suburban Residential, but the other is not. All properties must share the
same zoning classification in order to be consolidated per code.
At their meeting of July 13, 2015, the Planning Commission voted 4-0 (Commissioner’s Scearce, Jones
and Evans absent) to recommend approval of the request.
RECOMMENDATION
It is recommended that City Council adopt an Ordinance rezoning from T-R, Threshold Residential to S-R,
Suburban Residential, Parcel ID #60027 on Altice Drive, otherwise known as Grid 1916, Block 002, Parcel
000016 of the City of Danville, Virginia, Zoning District Map. Attachments
Ordinance
Planning Backup
Page 84 of 126
PRESENTED:
ADOPTED:
ORDINANCE NO. 2015-____.____
AN ORDINANCE REZONING FROM T-R, THRESHOLD RESIDENTIAL TO
S-R, SUBURBAN RESIDENTIAL, PARCEL ID #60027 ON ALTICE DRIVE, OTHERWISE
KNOWN AS GRID 1916, BLOCK 002, PARCEL 000016 OF THE CITY OF DANVILLE,
VIRGINIA, ZONING DISTRICT MAP.
Virginia that the report of the City Planning Commission recommending approval of Rezoning
Application PLRZ20150000183, filed by Ricky and Shelby Wharton requesting to rezone
from T-R, Threshold Residential to S-R, Suburban Residential, Parcel ID #60027 on Altice
Drive, otherwise known as Grid 1916, Block 002, Parcel 000016 of the City of Danville,
Virginia, Zoning District Map, be, and the same is hereby, received; and
public hearing this day held by Council, Rezoning Application PLRZ20150000183, filed by
Ricky and Shelby Wharton requesting to rezone from T-R, Threshold Residential to S-R,
Suburban Residential, Parcel ID #60027 on Altice Drive, otherwise known as Grid 1916,
Block 002, Parcel 000016 of the City of Danville, Virginia, Zoning District Map, is hereby
approved; and
BE IT FINALLY ORDAINED that Parcel ID #60027 On Altice Drive, otherwise
known as Grid 1916, Block 002, Parcel 000016 of the City of Danville, Virginia, Zoning
District Map is hereby rezoned from T-R, Threshold Residential to S-R, Suburban Residential
and that Parcel ID #60027 on Altice Drive, otherwise known as Grid 1916, Block 002, Parcel
000016 of the City of Danville, Virginia, Zoning District Map, is hereby amended to reflect the
same.
Page 85 of 126
APPROVED:
____________________________
MAYOR
ATTEST:
___________________________
CLERK
Approved as to
____________________________
2
Page 86 of 126
MEMORANDUM
DATE:
JULY 13, 2015
TO:
CITY COUNCIL
FROM:
SUBJECT:
REZONING REQUEST
REQUEST:
Rezoning Application PLRZ20150000183, filed by Ricky and Shelby Wharton
requesting to rezone from T-R, Threshold Residential to S-R, Suburban Residential,
ParcellD #60027 On Altice Drive, otherwise known as Grid 1916, Block 002, Parcel
000016 of the City of Danville, Virginia, Zoning District Map. The applicant is proposing
to rezone to allow for a consolidation.
RECOMMENDATION:
absent) to recommend approval of the request.
-f}.!tAA4.
JtL
(~b)
RESPONSES:
Thirty-six (36) notices were sent to surrounding property owners within three hundred (300) feet of the
subject property. Seven (7) responses were received . All seven (7) were not opposed (Wimbish,
Turnpike Apts., Wilson , Thompson , Cole, Hobson , Fullerwinder). There were zero (0) opposed .
COMMENTS:
None provided.
Page 87 of 126
PLANNING REPORT
P.O. Box 3300
Danville, VA 24543
(434) 799-5261
Subject:
Rezoning Application PLRZ20150000183, filed by Ricky and Shelby Wharton
requesting to rezone from T-R, Threshold Residential to S-R, Suburban
Residential, ParcellD #60027 On Altice Drive, otherwise known as Grid 1916,
Block 002, Parcel 000016 of the City of Danville, Virginia, Zoning District Map.
The applicant is proposing to rezone to allow for a consolidation.
Background:
A request has been filed by Ricky and Shelby Wharton requesting to rezone from T-R,
Threshold Residential to S-R, Suburban Residential, ParcellD #60027 On Altice Drive,
otherwise known as Grid 1916, Block 002 , Parcel 000016 of the City of Danville,
Virginia , Zoning District Map. The applicants are proposing to rezone to allow for a
consolidation.
This property is currently an undeveloped lot owned by the applicants. The applicants
own a total of three adjoining lots in the area. One lot has their residence and two
additional vacant parcels. One of the vacant parcels is zoned S-R Suburban
Residential, but the other is not. All properties must share the same zoning
classification in order to be consolidated per code.
Thirty-six (36) notices were sent to surrounding property owners within three hundred
(300) feet of the subject property. A complete report will be presented at the Planning
Staff recommends approval of Rezoning Application PLRZ20150000183, filed by Ricky
and Shelby Wharton requesting to rezone from T-R , Threshold Residential to S-R,
Suburban Residential , Parcel ID #60027 On Altice Drive, otherwise known as Grid
1916, Block 002, Parcel 000016 of the City of Danville, Virginia, Zoning District Map .
The applicants are proposing to rezone to allow for a consolidation.
Page 88 of 126
1.
2.
3.
Recommend approval of Rezoning Application PLRZ20150000183 as submitted.
Recommend approval of Rezoning Application PLRZ20150000183 with
conditions per Planning Commission.
Recommend denial of Rezoning Application PLRZ201500000183.
Attachments:
Application
Data Sheet
Page 89 of 126
•
CITY OF DANVILLE
REZONING APPLICATION
TO THE CITY PLANNING COMMISSION AND THE HONORABLE CITY COUNCIL:
Application is hereby made for the rezoning as described below:
T-,--~----,-~
___ _
CASE NUMBER: _ __ _ _ _ _ _ __ _
EXISTING ZONING: _ _ _
---'--5_-~,R.I_''''---G_ __ _ _
RECEIVED BY: _ _--'-Y--_C_
TAX MAP NUMBER:
PROPOSED ZON ING: _ _
PLANNING COMMISSION DATE:
11/6 - 002- & ~()Ol/,. {)DO
6_"_r_--'-I-'-~
_ _ _ _
DATE FILED: _ _
7-/J-/)
CITY COUNCIL
DATE:_---''iS~-_'/'_g''__,_I_=:5-'______
INFORM A TlON TO BE PROVIDED BY THE APPLICANT
Exact legal description of property (Attach if insufficient space).
Gross ArealNetArea:
Property Address:
Property Location:UD SEW Side of:
O-..&<>_
Between: L.JUIfTj 0-11
dO q ge,rY'YlMDr:lle Da..,v.'(t~ v(
AIf,' ce.
pt)t"a.l- -Q 6 dI "7 {pOO~ 7
F kl' --::-r
A c.e,"~e
and -<-..:,"--,"'::...1'\-,-,---,,---'_I'\'-----'-'w-..p=-"p;~'"=--_ _ _ _ _ _ _ _ __
Proffered Conditions (ifany, please attach): -<-N--'-"O'-'Nc.:...:e==-_ _ _ __
_ _ _ __ _ _ __
PRESENT OWNER (S) OF ALL PROPERTIES INCLUDED IN APPLICATION (PLEAS&:-TYPE OR PRINT);
I.
NAME1Z~ e-ky "t She\ bJf
MAILING ADD
SIGNATURE: .
SIGNATURE:
S:
Who.-r tD~ TELEPHONE:
10Q ~e.r
If34 - ;;l. :l 8 --3 If S' g
rt<Ve.
IJ ,
le.. V0..
DATE:
~~&&e:JU,.~(lAoLL.'~~~=------- DATE:
~ '-I-5</-0
I,/q 1,5'
(,
I q)I S-
EMAILADDRESS:-L~~~UU~~~~~_+~~~~·~C~O~~~-------APPLICANT (PLEASE TYPE OR PRINT):
If th e applicant is not the property owner, written auth ori zation from the property owner must accompany this
application.
NAME: _ _ _ _ _ _ _ __ _ __ _____ TELEPHONE:_ _ __ _ _ _ _ _ ____
MAILING ADDRESS: _ _ _ _ __ _ __ _ _ _ _ _ __ _ _ _ _ _ _ _ __ __
EMAILADDRESS: _ __ _ _ _ _ _ _ _ _ _ _ __ _ _ __ _ _ _ _ _ _ _ ___
SIGN ATURE: _ _ _ _ _ _ __ __ _ _ __ _ __ _ _ ____ DATE: _ __ _ _
434-799-5261
Fax 434-797-8919
www.d anville-va.gov
Page 90 of 126
EXPLANATION OF REQUEST:
1. NEW COMMERCIALIINDUSTRIAL DEVELOPMENT:
Please provide ten (10) sets, blue or black line copies, of a final site plan with the following
information:
•
•
•
•
Location and dimensions of all parking and loading areas, including the number of off-street
parking and loading spaces provided.
•
Net acreage.
•
•
2. ALTERATION OF ZONING BOUNDARIES:
Please provide a survey of proposed Zoning boundaries.
3. RESIDENTIAL REZONING:
LAes1-
CL
('ez.one
Q
434-799-5261
Fax 434-797-8919
www.danville-va.gov
Page 91 of 126
TURNPIKE T
MRC
CHRISTT
TR
FULLERWI NDER J
~R
/
ABB0 T.T R
" ""ABBO!iTRI
II;sRf ·~
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FULLER L
GALLOWAY W
SR
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SURROUNDING PROPERTY OWNERS AND ZONING WITHIN 300 FEET OF SUBJECf PROPERTY
~.
Prepared by:
Planning Division
6/26/2015
Oisdaimer: Information conta ined on this map is to be used for reference purposes only. The City of Danville is not responsib le for any inaccuracies
herein contained. The City of Danville mak.es no representa ti on of warranty as to this map's accuracy, and in particular, its accuracy in labeling,
dimensions, contours, property boundaries, or placement or location of any map features thereon. No responsib ility is assumed for damages or other
liabilities due to the accuracy, availability, use or misuse of the information herein provided.
Page 92 of 126
REZONING REQUEST
DATA SHEET
DATE:
July 13, 2015
Parcel #60027 Altice Drive
PRESENT ZONE:
T-R Threshold Residential
PROPOSED ZONE:
S-R Suburban Residential
Residential
ACTION REQUESTED:
The applicant is requesting to rezone to
allow for consolidation with adjacent
property that they own.
Vacant
Vacant
PROPERTY OWNER (5):
Ricky and Shelby Wharton
NAME OF APPLICANT (5):
Same
0.87acres
residential
INGRESS AND EGRESS:
Altice Drive
TRAFFIC VOLUME:
Low
To be reported at the Planning
Page 93 of 126
Prepared by:
Planning Division
6/24/201 5
Disdaimer: Information contained on this map is to be used for reference purposes only. The City of Danville is not responsible for any inaccuracies
herein contained. Th e City of Danville makes no re presentation of warran ty as to this map's accuracy. and in particular, its accuracy in labeling,
Page
94 of for
126
dimensions, contours, property boundaries, or placement or location of any map features thereon. No respons ibility
is assumed
damages or other
liabilities due to the accuracy, availability, use or misuse of the information herein provided
NS
YEAR 2020 LAND USE PLAN FOR AREA SURROUNDING SUBJECT PROPERTY
Prepared by:
Planning Division
6/24/2015
Disclaimer: Information contained on this map is to be used for reference purposes only. The City of Danville is not responsible for any inaccuracies
herein contained. The City of Danville makes no representation of warranty as to this map's accuracy, and in particular, its aCOJracy in labeling,
Page
95 of 126
dimensions, contours, property boundaries, or placement or location of any map features thereon. No responsibility
is assumed
liabilities due to the accuracy, availability. use or misuse of the information herein provided.
CL-1217
Subject:
From:
New Business
Item #: E.
Appeal of CAR decision approving work at 944 Main Street
Business Meeting: 08/18/15
SUMMARY
An appeal of the decision of the Commission of Architectural Review (CAR) has been filed where the
CAR voted to grant a Certificate of Appropriateness for the following work at 944 Main Street:
enclose rear porch with vinyl double door and vinyl siding.
construct 16' x 12' rear deck where one once stood, wood construction.
BACKGROUND
The applicant, Tim Norton, requested to enclose a rear porch and construct a rear open deck. The
enclosure has been present for some time, but was completed without a Certificate of Appropriateness or
building permit. The enclosure has three (3) white vinyl doors and vinyl siding. The applicant also
requested to build a deck to be constructed in an area where a deck once stood. At their meeting of May 28, 2015 the Commission of Architectural Review voted to approve a Certificate of
Appropriateness for the following:
enclose rear porch with vinyl door and vinyl siding.
On June 24, 2015 an appeal of the CAR decision was filed.
RECOMMENDATION
Article 3.R, Section C, Item 11.D of the City Zoning Code states, "The City Council may affirm, reverse or
modify the Review Commission decision and shall notify the Director of Planning/Zoning Administrator of
its action." Staff recommends that City Council review the attached CAR information and render a
decision on the appeal. Staff has provided alternatives to either affirm or reverse the decision rendered by
the Commission of Architectural Review.
Attachments
Resolution
Resolution
Page 96 of 126
CAR Appeal
Background
Page 97 of 126
PRESENTED:
ADOPTED:
RESOLUTION NO. 2015-____.____
A RESOLUTION AFFIRMING THE COMMISSION OF ARCHITECTURAL
REVIEW’S DECISION AT 944 MAIN STREET.
WHEREAS, A Certificate of Appropriateness was requested to enclose a rear
porch and construct a rear open deck, the enclosure has three (3) white vinyl doors and vinyl
siding at 944 Main Street; and
WHEREAS, the Commission of Architectural Review considered, on May 28,
2015 the request of the owner of 944 Main Street to enclose a rear porch and construct a
rear open deck, the enclosure has three (3) white vinyl doors and vinyl siding; and
WHEREAS, 944 Main Street is located in the Historic Overlay Zoning District;
and
WHEREAS, The Commission of Architectural Review determined that the
work at 944 Main Street to a enclose rear porch and construct a rear open deck, the
enclosure has three (3) white vinyl doors and vinyl siding would be in keeping with the
Design Guidelines in the Historic Overlay Zoning District and issued a Certificate of
Appropriateness for the following work :

enclose rear porch with vinyl doors and vinyl siding

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Danville,
Virginia that the decision of the Commission of Architectural Review rendered on May 28,
2015 be, and it is hereby, approved and affirmed.
Page 98 of 126
APPROVED:
____________________________
MAYOR
ATTEST:
___________________________
CLERK
Approved as to
____________________________
2
Page 99 of 126
PRESENTED:
ADOPTED:
RESOLUTION NO. 2015-____.____
A RESOLUTION OVERTURNING THE COMMISSION OF ARCHITECTURAL
REVIEW’S DECISION AT 944 MAIN STREET.
WHEREAS, A Certificate of Appropriateness was requested to enclose a rear
porch and construct a rear open deck, the enclosure has three (3) white vinyl doors and vinyl
siding at 944 Main Street; and
WHEREAS, the Commission of Architectural Review considered, on May 28,
2015 the request of the owner of 944 Main Street to enclose a rear porch and construct a
rear open deck, the enclosure has three (3) white vinyl doors and vinyl siding; and
WHEREAS, 944 Main Street is located in the Historic Overlay Zoning District;
and
WHEREAS, The Commission of Architectural Review determined that the
work at 944 Main Street to enclose a rear porch and construct a rear open deck, the
enclosure has three (3) white vinyl doors and vinyl siding would be in keeping with the
Design Guidelines in the Historic Overlay Zoning District and issued a Certificate of
Appropriateness for the following work:

enclose rear porch with vinyl doors and vinyl siding

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Danville,
Virginia that the decision of the Commission of Architectural Review rendered on May 28,
2015 be, and it is hereby overturned and a Certificate of Appropriateness is hereby denied.
Page 100 of 126
APPROVED:
____________________________
MAYOR
ATTEST:
___________________________
CLERK
Approved as to
____________________________
2
Page 101 of 126
June 24, 2015
To:
Danville City Council
Commission of Architectural Review
The Zoning Ordinance ofthe City Of Danville, Virginia, Article 3.R - Historic Preservation District, §C.11,
provides that "Any person aggrieved by any decision of the Review Commission may appeal such
decision to the City Council ... " The aggrieved persons (appellants) listed below hereby appeal the
decision of the Commission of Architectural Review (CAR) on May 28, 2015, concerning enclosing an
existing porch and installing vinyl doors and siding on the historic property at 944 Main Street.
According to the Zoning Ordinance in 3.R §A, the purpose of the Historic Preservation District is "to
maintain, preserve, protect and enhance the architectural excellence, cultural significance, economic
vitality, tourist appeal, visual quality and historic importance of the City." The homeowners in the Old
West End Historic District rely upon this ordinance, the CAR, and the recently-updated Old West End
Design Guidelines to protect and enhance their property values. Allowing this decision regarding 944
Main Street to stand may discourage further investment in the historic district.
It is the appellants' belief that city staff and the CAR erred in conSidering and ultimately approving this
application and request as follows:
1.
Zoning Ordinance Article 3.R §C.6 requires that a complete application be submitted. While
"completeness" may vary depending upon the magnitude of additions or changes, the
application (attachment 1) is devoid of all details that would allow proper consideration. It
includes only the statement that the material to be used will be wood and a photograph of the
rear of the property. No dimensions, sketches, colors, or samples as listed in the ordinance as
necessary for review were included.
The staff report to the CAR (attachment 2) notes that there is insufficient information to
evaluate a portion of the application.
Zoning Ordinance Article 3.R §C.9 provides that applications deemed incomplete by either the
Planning Director or the CAR shall be returned to the applicant, and that the CAR will not act
upon an incomplete application.
The appellants submit that this incomplete application should have been returned to the
applicant, and that City Council should now reverse the CAR's approval on these grounds alone.
The CAR did not have sufficient information to arrive at any decision - either for or against the
application or any part of it.
2.
Both the staff report (attachment 2) and the CAR agenda (attachment 3) include details in
conflict with or supplementary to the incomplete application (attachment 1). While the
application specifies wood, the staff report and the agenda state that the material will be vinyl.
Page 1 of 11
Page 102 of 126
The appellants submit that this conflicting information precluded proper consideration of the
applicat",on, and that City Council should now reverse the CAR's approval because of this
conflicting information.
3.
The recently-adopted Old West End Design Guidelines in Section 1.H.4 (page 8) modified the
process through which a Certificate of Appropriateness (COA) is granted. Specifically, the CAR
hears from the applicant and then opens a public hearing. In that public hearing, as a matter of
procedure, the Chair requests public comments specifically for or against the application. Public
d',scussion is not encouraged. After the public hearing, the CAR members d',scuss the proposal
and then vote on whether the Guidelines have been met. If so, a COA is issued. If not, the CAR
then votes on whether the proposal will or will not have an "adverse effect" on the structure or
the historic district - without benefit of further public input.
The application (attachment 1) asks approval to "enclose rear porch area." The staff report
(attachment 2) concluded the enclosing the rear porch would not meet the Old West End Design
Guidelines. After considerable discussion, and in a unanimous deciSion, the CAR concurred.
The appellants believe this was the correct decision.
The CAR then discussed whether enclosing the rear porch with vinyl French doors and vinyl
siding would have an "adverse effect" on the structure or the historic district.
During the discussion that ensued, the Chair stated that because there had been no
enforcement action by the city regarding the unapproved, unpermitted enclosure of the porch,
that such enclosure was "history." This lead some of the commissioners to conclude that they
had no option but to approve the enclosure. The discussion then focused on the materials to be
used.
The Chair also stated that the Old West End Design Guidelines allow repairs and replacements
with "like" materials, and that because vinyl siding had been removed from the unapproved,
unpermitted porch enclosure, a "like" replacement should be allowed. This statement was
incorrect. The Guidelines in Section loG (page 7) state:
"Repairs or replacement of roofs, gutter, siding, doors, windows/ trim, lights, or other
items with like materials (un/ess the items to be repaired or rep/aced are not period
appropriate)" [emphasis added]
Vinyl siding and fenestration are not period appropriate.
The Chair further stated that the Old West End Design Guidelines gave the CAR the flexibility to
approve the use of materials not included in the Guidelines. The appellants strongly disagree.
The intent of this second vote is to grant the CAR more latitude to approve period-appropriate
or replacement materials specified by the Guidelines, not to provide the opportunity for carte
blanche approvals.
Appellants submit that the incorrect and inappropriate suggestions and statements by the Chair
led the CAR to an incorrect and inappropriate conclusion that does not adhere to the Guidelines.
We therefore ask City Council to reverse the CAR's approval on these grounds.
Page 2 of 11
Page 103 of 126
4.
In the Old West End Design Guidelines in Section 3.C.5 (page 7), vinyl is specifically excluded as a
siding material. Similarly, in Section 5.DA (page 6) on new construction, vinyl siding is "not
recommended,lI
Therefore, the appellants request the City Council to reverse the CAR's approval due to a failure
to follow its own Guidelines, and instruct the CAR to follow the Guidelines more closely in future
deliberations.
5.
The public was not heard on the issue of "adverse effect" on the structure or the district. The
appellants maintain that, as a result, a full public hearing was not conducted.
The appellants ask City Council to instruct the CAR to hold full and open discussion with the
public including the issue of "adverse effect" should it arise, and to reverse the CAR's decision
on these grounds.
6.
The Zoning Ordinance in 3.R §F.5.A provides that upcoming meetings be posted on the city's
website and that specific applications be announced. The Agenda for the May 28, 2015,
Commission meeting was never posted to the city's web site or otherwise made public. As of
the filing date of this appeal, the May 28, 2015, agenda remains unposted. The same is true for
the upcoming June 25, 2015 Commission meeting.
While the appellants understand that this failure to post may be due to a changeover in the
city's website, we maintain that any actions taken at the May 28, 2015, meeting and any actions
to be taken at the upcoming June 25, 2015, meeting are invalid. In particular, the appellants ask
City Council to reverse the CAR approvals for 944 Main Street on these grounds.
7.
Even those few citizens who were aware olthe meeting and the application did not have access
to the application itself (attachment 1) or the staff recommendation (attachment 2). It is
difficult if not impossible for the public to offer comments on proposals they have not seen.
Therefore, in the interest of an open and public process, the appellants ask City Council to
instruct city staff to post all applications and other submissions along with timely posting of the
agenda.
8.
The maintenance, restoration, and renovation of historic properties is not a simple process.
Homeowners are continually faced with costly decisions where the beneficiaries are the historic
district, the City of Danville, and the public at large. The CAR has now approved the creation of
a vinyl eyesore amidst carefully installed and maintained historic and appropriate replacement
materials.
The appellants ask City Council to reverse the CAR's approval of the use of vinyl based on its
unfairness to other homeowners and its deleterious effect on the Old West End Historic District.
Should the question arise during City Council's deliberations, the appellants observe that the porch to be
enclosed and to receive vinyl siding and fenestration is clearly visible from both Grove Street and
Chambers Street even when the trees are fully in foliage. During the winter months, this area is
completely visible to passersby and particularly those visiting historic Grove Street Cemetery or the
center of neighborhood activity at the historic Midtown Market. Zoning Ordinance Article 3.R §C.2
clearly instructs the CAR to consider design features that are subject to public view.
Page 3 of 11
Page 104 of 126
The appellants believe that "Murphy's Law" was in effect at the May 28, 2015 Commission of
Architectural Review meeting. Most everything that could go wrong did go wrong. We asl' City Council
to reverse the decision of the CAR with regard to 944 Main Street, to instruct the city staff to fully and
timely post agendas and applications to the city website, to instruct the Commission to adhere more
closely to the Old West End Design Guidelines, and to instruct the Commission to consider public input
and discussion on the issue of ({adverse effect. II
In closing, the appellants trust that as the members of City Council weigh this appeal they will keep
uppermost in their minds that the Old West End Historic District is a very interesting and special part of
the City of Danville, drawing positive reviews for the city near and wide. It will only remain so if the City,
the Commission of Architectural Review, and ALL of the Old West End homeowners observe the rules
for its care and preservation.
Respectfully submitted by the following appellants:
David Corp
161 Holbrook Avenue
John Ranson (former CAR Chair)
419 Southland Drive
Marcella Kaigler
Mike Spangler
144 Sutherlin Avenue
165 Holbrook Avenue
Carol-Ann Lawson
Ann Sylves
161 Holbrook Avenue
811 Main Street
926 Main Street
Kathryn A. Trakas
130 Holbrook Avenue
Paul C. Liepe, Ph. D.
926 Main Street
Amy Whitehouse
936 Main Street
Frederick Meder (former CAR Chair)
Stephen Wilson, Ph. D.
918 Main Street
Marjory Liepe
918 Green Street
Col. (Ret.) Lawrence W. Meder
407 Chestnut Street
Page 4 of 11
Page 105 of 126
Attachment 1
Page 5 of 11
Page 106 of 126
All buildings, structures or improvements located in the Old Westend Historic District and visible from a public right-of-way shall not
be located., constrLlcted, rccol1str-ucted~ altered, OJ' repaIred unless a Certit1cate of ApPJ'opriatGness has been issued by the Commission
of Architectural Review. The COl1lll1issionl11eets once a month 011 the fourth Thursday oflhe month at 3:30P.M, in tbe fOlllth 11001'
City Council Conference Room located .in the MunIcipal Building. All questions or app1i.cations should be submitted to t1le Planning
Division, located on the second J100r of the Municipal Bui.lciing, 42'1 Patton Street, Room 207, Danville, VA 24541; (434)·799-5261.
As of July 1,2009 a $25.00 fec will be required for each application submitted tOI' review,
JNFOKl\iAIlON TO BE PROVIDED BY APPLICA1'lT
lI11portant~J>le(M'e l'ead
a)
b)
before completing "ppllcatlol1
All questions on this application mUSl be fully answered
The application must be signed by tbe property owners or representative with written
authorization by the owne~r
A druwlng, photo, plan or sketch of proposed pt'Oject witb dimensions
c)
Have you read uuclunderstand the Design Guidelines for the Historic Overlay District of Danville, Virginia?
'lieS
Are you aware of the federal/state tax credits and Real Estate Abatement program avaiJabJe for potential
re.imbursementlcredit ofl11oney used during substantial rehabilitation projects'l ....__.__.__..____..
'iJts_. .___.____.__. .___
Would you like more informationllbout these programs? .
'YtL!I£'; ~" S.L'_ _.
"'-.--,..
N lIme oj' Applicant: ....__·...:1._.=".:::=.::1_'_..'··.':. _._-'-~:::...::...:...=='--____________________._.___._
Applicant's Address: ..
_~f q.li
(\-',,('\;):1'"
~:;,'nvli;'''''::T· .__ ~U'I~~'II~f"lh+_\td_ ;( '1D.4-'1____
\IA World Class Organization"
Page 6 of 11
Page 107 of 126
Page 108 of 126
Attachment 2
Page 8 of 11
Page 109 of 126
DANVILLE
COMMISSION OF ARCHrrECTURAL REVIEW
POS1' OFFICE BOX 3300
DANVILLE, VIRGINIA
(4.34) 799-5261
Meeting of May 28,2015
§UBJECT
944 Main Street
VDHR # 108-0056-0157
APPLICANT'S REqUEST
The applicant, Tim Norton, is requesting to enclose rear porch and construct a rear open deck, The
enclosure has been present for some time, but was completed without a Certificate of
Appropriateness or building permit. The enclosure l'las three (3) white vinyl doors and vinyl siding,
The proposed deck will be constructed in an area where a deck once stood, The applicant will bring
dimensions and design to the meeting.
§TAFF EVALUATION
Section 5 of the Old West End Design Guidelines addresses New Building Guidelines. Staff believes
that the enclosure does not meet the Guidelines due to the use of substitute materials, The
Commission will need to determine if it has an adverse effect on the structure and/or District.
There has no! been enough information provided to determine if the new deck construction meets the
Guidelines, This will need to be determined after the applicant provides more information,
Page 9 of 11
Page 110 of 126
Attachment 3
Page 10 of 11
Page 111 of 126
DANVILLE
COMMISSION OF ARCHITECTURAL REVIEW
POST OFFICE BOX 3300
DANVILLE, VIRGINIA
(434) 799-5261
MAY 28, 2015
3:30 P.M.
FOURTH FLOOR CONFERENCE ROOM
AGENDA
I.
WELCOME AND CALL TO ORDER
II.
ROLL CALL
III.
ITEMS FOR PUBLIC HEARING
1. Request for a Certificate of Appropriateness to complete the following at 249 West Main
Street;
• Rebuild upper rear deck with aluminum handrails, steps and decorative fluted
columns
• Add aluminum handrails to the lower rear deck
• Construct 9' x 11'6" aluminum white pergola in the rear yard
• Install dark brown wood shutters on the front of the home to mimic the design of
those at 349 West Main street
• Install a new bronze powder coated gate between 249 and 247 West Main street
that is 5' in height
2. Request for a Certificate of Appropriateness to complete the following at 944 Main
Street:
• Enclose rear porch with French doors and vinyl siding
• Rebuild a removed rear deck
3. Request for a Certificate of Appropriateness to construct a wood landing and staircase
from the second floor opening on the detached garage at 1040 Main Street
4. Request for a Certificate of Appropriateness to demolish the structures located at the
Five Forks intersection; 254 Jefferson Avenue, 400 Jefferson Street, 806 Pine Street
and the far;ade of 402 Jefferson Street
5. Request for a Certificate of Appropriateness to demolish 815 Pine Street
IV.
APPROVAL OF MINUTES FROM MARCH 26, 2015
V.
OTHER BUSINESS
VI.
ADJOURNMENT
Page 11 of 11
Page 112 of 126
DANVILLE
POST OFFICE BOX 3300
DANVILLE, VIRGINIA
(434) 799-5261
Meeting of May 28,2015
SUBJECT
944 Main Street
VDHR # 108·0056·0157
APPLICANT'S REQUEST
The applicant, Tim Norton, is requesting to enclose rear porch and construct a rear open deck. The
enclosure has been present for some time, but was completed without a Certificate of
Appropriateness or building permit. The enclosure has three (3) white vinyl doors and vinyl siding.
The proposed deck will be constructed in an area where a deck once stood. The applicant will bring
dimensions and design to the meeting.
STAFF EVALUATION
Section 5 of the Old West End Design Guidelines addresses New Building Guidelines. Staff believes
that the enclosure does not meet the Guidelines due to the use of substitute materials. The
Commission will need to determine if it has an adverse effect on the structure and/or District.
There has not been enough information provided to determine if the new deck construction meets the
Guidelines. This will need to be determined after the applicant provides more information.
Page 113 of 126
All buildings, structures or improvements located in the Old Westend Historic District and visible from a public right-of-way shall not
be located, constructed, reconstructed, altered, or repaired unless a Certificate of Appropriateness has been issued by the Commission
of Architectural Review. The Commission meets once a month on the fourth Thursday of the month at 3:30 P.M. in the fourth floor
City Council Conference Room located in the Municipal Building. All questions or applications should be submitted to the Planning
Division, located on the second floor of the Municipal Building, 427 Patton Street, Room 207, Danville, VA 24541; (434)-799-5261.
As of July 1,2009 a $25 .00 fee will be required for each appl ication submitted for review.
INFORMATION TO BE PROVIDED BY APPLICANT
Importalll-Please read before completillg applicatioll
a)
b)
All questions on this application must be fully answered
The application must be signed by the property owners or representative with written
authorization by the owner
A drawing, photo, plan or sketch of proposed project with dimensions
c)
Have you read and understand the Design Guidelines for the Historic Overlay District of Danville, Virginia?
'iff 5
Are you aware of the federal/state tax credits and Real Estate Abatement program available for potential
reimbursement/credit of money used during substantial rehabilitation projects? _ _ _ _ _ _V.!...f<fi~S.;>-_ _ _ _ _ __
Would you like more information about these programs?
Which one(s)?
¥tf.'S
R£AL 8111Y'L ABA1tf!1[AJ'C
Name of Applicant:
Applicant's Address:
IX.M
<=t
-.I
FtD&t?M..
'r1±)<..
{!;;.c~
N 0 rz. ", I\j
4- '-t f'r-,,"'\-J:N -;;,'nl-£-<C..-T
Applicant's Phone Number:
1'1 2 ~ Bill.,
woo!>
(if not applicant)
"A World Class Organization"
Page 114 of 126
Slo,;;? /1/ fr
Page 115 of 126
DANVILLE
POST OFFI CE BOX 3300
DANVILLE, VIRGINIA
(134) 799-5261
June 02, 2015
NORTON CARL T,
944 MAIN ST,
DANVILLE, VA 24541
RE: APPLICA nON FOR CERTIFICATE OF APPROPRIATENESS AT 944 MAIN ST,
DANVILLE, VA 24541
Applicant(s):
On May 28, 2015 the Commission of Architectural Review voted to approve a Certificate of
Appropriateness for the following request:
• enclose rear porch with with vinyl double doors and vinyl siding
• construct 16' x \2 ' rear deck where one once stood. wood construction
A Certificate of Appropriateness must be posted in a visible spot during work. Article 3.R.C. Paragraph
10 of the Code of the City of Danville, Virginia, as amended requires that all work be substantia lly
complete within one (I) year of the issuance of the Certificate of Appropriateness .
Construction must adhere to both the Zoning and Building Codes for the City of Danville. Please contact
both department for regulations and required permits before construction begins.
Article 3.R.C. Paragraph Iia states, "Any person aggrieved by any decision of the Review Commission
may appeal such decision to the City Counci l, provided that such appeal is filed within thirty (30) calendar
days from the date of notification of Review Commission decision." Please note that during this thirty
(30) day period you are proceeding with any activity at your ri sk and are subject to an appeal.
If you have any questions or I can be of further assistance, please contact me at 1-434-799-5261 .
r"f 7"l
e
~~
Renee Burton
Page 116 of 126
CITY OF DANVILLE
DEPARTMENT OF COMMUNITY DEVELOPMENT
CERTIFICATE OF APPROPRIATENESS
This CERTIFICATE is issued for aU work approved by the Commission of Architectural
Reviewo~ M<M La
Certificate
Number.PICAe2ll~ I!tJ¥ Date:
Street Address:
qt.fW
,Mojo ~
,2015
J lX\e Z, 2.016
Own~pplicant: -~-....'.....m-----.#-M~orJt-~""""'t-I-----"..:...-------'-'---
The Commission of Architectural Review has approved tHe following reques<i) encJ,o,oJ
<!fOperty
pnbwl llln"ll da.l'df~ mJ"'GIf' ~
® ~ "" 'f'!..lv~Qec~.in
19.tr'
'v
,
rvQr
16
~~
ComnientsiConditions: ----f--~~..J-...!I~JI~~~'-------:--'-'-___;--'-__:;_--=--__;:______--
Issued y;
This CARD MUST BE D18PLAYED on the outside of the building or premises and .
plainly visible-from. the Street during the duration of the work approved above.
EXPIRES:
i10J.j 1Z e
Page 117 of 126
CL-1215
Subject:
From:
New Business
Item #: F.
Local Government Challenge Grant-Virginia Commission for the Arts
William Sgrinia, Director of Parks, Recreation & Tourism COUNCIL ACTION
Business Meeting Dates: 08/18/15 - First Reading
09/01/15 - Final Adoption
SUMMARY
In the past, the City of Danville has participated in the Local Government Challenge Grants program
through the Virginia Commission for the Arts. The City has received notification from the Commission that
a grant of $5,000 has been awarded for Fiscal Year 2016.
BACKGROUND
This grant requires an equal match of $5,000, which would make $10,000 available for FY 2016. The local
match of $5,000 has been provided in the FY 2016 Budget, General Fund Support of Grants account. With these funds, assistance is provided to local arts organizations. Some of the local groups that have
been assisted under this program over the years include: Danville Choral Arts Society, Danville Area
Association for the Arts and Humanities, Danville Concert Association, Danville Museum of Fine Arts and
History, Danville Symphony Orchestra, and The Langhorne House. The advertising for availability of
funding and the submittal for funding requests will begin immediately. A public notice will be advertised in
the Danville Register and Bee on September 6, 2015, soliciting applications and the agencies listed above
will be sent letters advising them of funding opportunity and informing them that they must complete an
application. The applications are due back to the City no later than October 1, 2015. City staff reviews the
applications and makes award recommendations to a local arts grant task force who vote on the final
awards. Award recipients are notified by letter of their grant amount and that the funds must be spent prior
to June 30, 2016.
RECOMMENDATION
It is recommended that City Council adopt the accompanying ordinance providing funds for a Challenge
Grant from the Virginia Commission for the Arts and the required local share.
Attachments
Ordinance
Page 118 of 126
PRESENTED: ______________
ADOPTED:
______________
ORDINANCE NO. 2015 -______- ______
APPROPRIATION ORDINANCE TO PROVIDE FOR A VIRGINIA COMMISSION FOR THE
ARTS GRANT IN THE AMOUNT OF $5,000, AND TO PROVIDE FOR THE LOCAL SHARE
IN THE AMOUNT OF $5,000 FOR A TOTAL GRANT OF $10,000.
Virginia, that the Fiscal Year 2016 Budget Appropriation Ordinance be, and the same is
hereby, amended by increasing revenues for a grant in the amount of $5,000 from the
Commonwealth of Virginia, Virginia Commission for the Arts, and the local share of the grant
in the amount of $5,000, all for its support of local arts, such funds to be appropriated in the
Special Grants fund and to be as follows:
Description
Account No.
Amount
Categorical Aid—State:
Virginia Commission for the
Arts
60139000-45840
$ 5,000
Local Share:
Transfer from General Fund
60139000-6101
$ 5,000
TOTAL
$10,000
Description
Account No.
Amount
Local Government Challenge Grant
Program
60139000-55005
$10,000
Page 119 of 126
the Fiscal Year 2016 Budget Appropriations Ordinance, as amended, not hereby amended,
Approved:
______________________________
MAYOR
Attest:
__________________________
CLERK
Approved as to
_________________________
2
Page 120 of 126
CL-1210
Subject:
From:
New Business
Item #: G.
Certified Local Government Grant Appropriation
Business Meeting: 08/18/15 - First Reading 09/01/15 - Final Adoption
SUMMARY
The City has received a Certified Local Government Grant award for FY 2015-16 from the Virginia
Department of Historic Resources in the amount of $21,250. This is a matching grant that will be used to
stabilize and rehabilitate the exterior of 864 Pine Street. The $21,500 local share will be provided by a
transfer from the Comprehensive Blight Removal Project.
BACKGROUND
Funds awarded from the Certified Local Government Grant will be used for the rehabilitation and
stabilization of 864 Pine Street. It is estimated that this construction will total $42,500.00. This home has
suffered many years of neglect and vacancy. Once a fine Italianate example in the Old West End Historic
District, it is now plagued with rotting wood and a leaking roof. This development project will be a beacon
of light for Pine Street and the struggling Old West End neighborhood that has been blighted with absentee
landlords and neglect. It will also show other property owners and potential investors that an historic home
can be restored and returned to a quality product that is an attribute to the area.
RECOMMENDATION
It is recommended that City Council approve the attached Ordinance appropriating the Certified Local
Government Grant award for FY 2015.
Attachments
Award Letter
Ordinance
Page 121 of 126
COMMONWEALTH of VIRGINIA
Department of Historic Resources
Molly Joseph Ward
Secretary of Nailiral ResQurces
280 I Kensington Avenue, Richmond, Virginia 23221
Ju lie V. Langan
Oil'ector
Tel: (804) 367-2323
Fax: (804) 367-239 1
www,dhr. vi rgini a.gov
June 29, 2015
Ms. Renee Burton, Senior Planner
C ity of Danville
PO Box 3300
Danville, VA 24543
RE: 2015-16 CLG Grant Agreement
Dear Ms. Burton:
I am pleased to enc lose an agreement for your 2015-16 CLG Grant fo r $2 1,250 for the Stabilization
of 864 Pine Street. Congratulations and we look forward to working with you on thi s project.
Please sign this agreement and return it to Aubrey Von Lindern, Northern Regional Preservation
Office, Department of Historic Resources, P_O_ Box 519 in the next ten days. ff you have any
questions, yo u are welcome to contact Aubrey at (540) 868-7029.
Sincerely,
,~
ulie V. Langan
Director
Virginia Department of Historic Resources
Administrative Services
10 COllrlhouse Ave.
Petersburg. VA 23803
Tel: (804) 862-6408
Fax: (804) 862-6196
Eastern Region Otlice
280 1 Kensington Avenue
Richmond, VA 2322 [
Tel: (804) 367-2323
Fax: (804) 367-239 1
Western Region O!1ice
962 Kime Lane
Salem , VA 24153
Tel: (540) 387-5443
Fax: (540) 387-5446
Nonhern Region Office
5357 Main Sireet
POBox 519
Stephens City, VA 22655
Tel: (540) 868 -7029
Fax: (540) 868 -7033
Page 122 of 126
Certified Local Government Grant Agreement
2015-2016
This agreement entered into this 29th day of June, 2015, by the Commonwealth of
Virginia, Department of Historic Resources (DHR), and the City of Danville, the Certified
Local Government (CLG), WITNESS that DHR and the CLG, in consideration of the
mutual covenants, promises, and agreements herein contained, agree that the grant awarded
by DHR to the CLG shall be described below:
Project Title: Stabilization of 864 Pine Street
Grant Amount: $21,250 Matching Share: $21,250 Total Project Costs: $42,500.00
Grant Period: June 15,2015,* through June 15,2016.
*Actual start date is the date of full execution of agreement.
This grant agreement incorporates the following documents:
(I)
This signed form;
(2)
DHR Request for Applications - 2015-2016 CLG Subgrant Program, dated
March 20, 2015:
(3)
Grant Application from the City of Danville, dated May 13,2015;
(4)
Any negotiated modifications thereto, all of which are referenced below:
a.
Any publications produced with grant funds must include the language
concerning NPS financial ass istance and nondi scrimination as shown below:
This publication has been financed in part with Federal funds from the National Park
Service, U.S. Department of the Interior. However, the contents and opinions do not
necessarily reflect the view or policies of the U.S. Department of the Interior. This
program receives Federal financial assistance for identification and protection of
historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of
the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as
amended, the U.S. Department of the Interior prohibits discrimination on the basis
of race, color, national origin, disability or age in its federally ass isted programs. If
you believe you have been discrim inated against in any program, activity, or facility
as described above, or if you desire further information, please write to: Office of
Equal Opportunity, National Park Service, 1849 C Street, NW, Washington, D.C.
20240.
Eastern Region Olli ce
Western Region OlTice
962 Kimc Lane
'petersburg, VA 23803
2801 Kensington Aven ue
Richmond, VA 2322 1
Tel: (804 ) 862·6408
F ~x: (804 ) 862·61 96
Tel: (804) 367·2323
Fox : (804) 367·239 1
Admini strati ve Services
10 Courthouse Ave.
Salem, VA 24 153
Te l: (540) 387· 5443
Fax : (540) 387· 5446
Northern Region O ni ce
5357 Main Street
PO Box 519
Stephens C ity. VA 22655
Tel: (5 40) 868·7029
Fax: (540) 868·7033
Page 123 of 126
Page 2, Danville
June 29, 2015
IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be
duly executed, intending to be bound thereby.
CERTIFIED LOCAL GOVERNMENT
SiWill~dm,
COMMONWEALTH OF VIRGINIA
DEPT. OF HISTORIC RESOURCES
Signat
Name: Renee Burton
Name:
Title: Senior Planner
Title:
Date:
7 -J -16
Date:
Eastern Region Oflice
Administrative Services
10 Courthouse Ave.
2801 Kensington Avenue
Petersburg, VA 23803
Richmond, VA 23221
Te l: (804) 862-6408
Fax: (804) 862-6 196
Te l: (804) 367-2323
Fa.X: (804) 367-2391
Director
~/oz 1)~
Western Region Office
962 Kimc Lane
Salem, VA 24153
Tel: (540) 387-5443
Fax : (540) 38 7-5446
Northern Region Office
5357 Main Street
PO Box 519
Stephens City, VA 22655
Tel: (540) 868·7029
Fax: (540) 868-7033
Page 124 of 126
PRESENTED: ______________
ADOPTED:
______________
ORDINANCE NO. 2015 -______- ______
APPROPRIATION ORDINANCE TO PROVIDE FOR GRANT FROM THE DEPARTMENT
OF HISTORIC RESOURCES IN THE AMOUNT OF $21,250 AND LOCAL MATCH IN THE
AMOUNT OF $21,250 FOR A TOTAL GRANT IN THE AMOUNT OF $42,500 AND
APPROPRIATING THE SAME.
WHEREAS the City of Danville has received a grant from the Commonwealth
of Virginia, Department of Historic Resources to fund the stabilization of 864 Pine Street; and
WHEREAS the local share is to be transferred from the Capital Projects Fund,
Comprehensive Blight Removal,
Virginia that the Fiscal Year 2016 Budget Appropriation Ordinance be, and it is hereby,
amended by increasing revenues from the Commonwealth of Virginia, Department of Historic
Resources (Federal pass-through funds), in the amount of $21,250 and the local share for
$21,250 for an aggregate amount of $42,500 for the purpose of providing for the stabilization
of 864 Pine Street such funds to be appropriated in the Special Grant Fund as follows:
Description
Account No.
Amount
Stabilization of 864 Pine Street
Categorical Aid – Federal
61183000-48050
$
21,250
Local Share
Transfer In from Capital Projects
61147000-6125
TOTAL
21,250
$
42,500
Description
Stabilization of 864 Pine Street
Account No.
61183999-50
Amount
$
42,500
Page 125 of 126
BE IT FURTHER ORDAINED by the Council of the City of Danville,
Virginia that the Fiscal Year 2016 Budget Appropriation Ordinance be, and it is
hereby, amended authorizing a transfer from the Capital Projects Fund to the
Special Grants Fund, such transfer be as follows:
TRANSFER FROM
Description
Account No.
Amount
Capital Projects Fund
Comprehensive Blight Removal
61806999-50
$
21,250
TRANSFER TO
Description
Account No.
Amount
Capital Projects Fund-Comprehensive Blight Removal
Transfer Out to Special Grants
61806000-6014
$
21,250
the Fiscal Year 2016 Budget Appropriation Ordinance, as amended, not hereby amended,
APPROVED:
___________________________
MAYOR
ATTEST:
_____________________________
CLERK
Approved as to
______________________________
2
Page 126 of 126

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Jeremy Swerling, Music Director Fantastic @ 1967-2017

August 2014 - Danville Public Library

page 3 - CrossRoads Christian Church

Chamber Dollars brochure 2016

The Prospect - November 2013 - Danville Economic Development

Explore the Core - Lancaster Mennonite Conference

Regular Meeting - City of Dripping Springs