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Home My WebLink About2002-33RESOLUTION 2002 -33 • ZONING ORDINANCE WHEREAS, the Town Council of Pulaski, Virginia has reviewed the proposed zoning ordinances and map from the Planning Commission and, in addition, has considered the comprehensive plan, and WHEREAS, the Town Council has considered the best interests of the community and bases the following amendments and referrals for changes to the Planning Commission upon the public necessity, convenience, general welfare and good zoning practices; and WHEREAS, the 1950 Code of Virginia, as amended, Section 15.2-2230 requires that at least once every five years the Comprehensive Plan shall be reviewed by the local Planning Commission to determine whether it is advisable to amend the plan; and WHEREAS, the current Comprehensive Plan and Associated Map for the Town of Pulaski, Virginia was adopted by Town Council by passage of Ordinance 97-7 on March 4, 1997; and NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Town Council of the Town of Pulaski, Virginia, sitting in regular session this 3`~ day of September, 2002, does hereby • refer the Comprehensive Plan and Associated Map of the Town of Pulaski, Virginia to the Planning Commission for review and amendment and to report back to the Town Council as required by law; and NOW, THEREFORE, BE IT HEREBY RESOLVED that the Town Council of the Town of Pulaski, Virginia hereby directs the Planning Commission to prepare an amendment to the Comprehensive Plan and Associated Map as follows: to delete from Section 2 General Land Use Plan subsection 2.6.1.1 Low Density Residential Future Land Use, the words ..., "former Allison farm bounded by Peppers Ferry Road/Memorial Drive (181 acres)" and add in its place except an approximately 45 acre portion of said 181 acres of the Walter W. Allison Farm, identified as Tax Map No. 063-042-0000-001, as recorded in Deed Book 546 Page 764, which fronts Memorial Drive and Peppers Ferry Road. The property is owned by Pulaski Properties, L. L. C., P. O. Box 1085, Beckley, WV 25802"; and Subsection 2.6.2 Business Land Use and add the words at the end of the paragraph as follows: "The general land use plan includes a business designation for an approximately 45 acre tract of the former Allison Farm bounded by Peppers Ferry Road/Memorial Drive, as recorded in Deed Book 546, Page 764, which fronts Memorial Drive and Peppers Ferry Road. The property is owned by Pulaski Properties L. L. C., P. O. Box 1085, Beckley, WV 25802 and for more specific reference a plat of said 45 acres is attached hereto and expressly made a part hereof dated 8/30/02 by Matthews & Henegar PLC. NOW, THEREFORE, BE IT FURTHER RESOLVED that Council refers to the • Planning Commission for its recommendation and response as required by law an amendment to the proposed Zoning Ordinance as follows: 1. That churches be a permitted use by right in all residential and business districts. The phrase "houses of worship" shall be added to the following sections 406.1-1; 409.2; 410.2; 411.2. • 2. That the provisions requiring Recreational Vehicles (RV) to be parked within setback lines be removed from the ordinance. This will require the following sections to be removed: 402.4-3; 403.4-3; 404.4-3; 405.4-5. 3. Regarding surfaces for parking lots, that the provisions of the current ordinance would remain in effect with the following amendments: §503.2-1 -amended to read "All parking, areas, except those serving one and two- family dwellings, shall be an all weather surface." §503.2-2 -amended to read "Parking areas shall be subject to site plan review." 4. Section 506.9-5(A) be amended to read: "Only one free standing sign per business." 5. §801.1 -shall read "Each application for a Special Exception Permit shall be accompanied by payment of a fee as set by Council." §801.2 -shall read "Each application for a hearing before the Council for an administrative review or a variance shall be accompanied by payment of a fee as • set by Council." §802 -shall read "Each application for an amendment to the zoning text or the zoning map (rezoning) shall be accompanied by payment of a fee as set by Council." 6. That Article 300 titled "General Provisions" be amended to require that the front of all structures must face the front of the lot. 7. That Section 410.3 (Special Exceptions for the B-3 District) be amended to permit light manufacturing as a special exception in the B-3 District; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the following amendments to the proposed Zoning Map be referred to the Planning Commission for its recommendations and report and to make said recommendations and report to the Town Council within the time period as required by law: That the Tipton Ridge Veterinary Clinic be zoned B-1 (business) from the proposed R-1 (residential). Tax Map No. 073-004-0000-004A, 005 2. That those portions of property zoned I-l, which lie in an area bounded by the Norfolk Southern tracks to the west, the boundary line between the Rhudy Farm and the Pulaski Business Park to the north, the Town corporate limits to the east, and Route 99 to the south shall be rezoned Rural Residential. Included in this portion are the following properties as listed by Tax Map No.: 073-001-0000-033 (Rhudy Farm), 073-001-0000-014; 073-010-0000-044; 073-010-0000-044A; 0?3- 010-0000-045; 073-010-0000-046; 073-010-0000-047; 017-001-015; and 073- 001-0000-O15A. • 4. That the area known as the Ruth Thompson Smith subdivision, including those lots immediately adjacent to the subdivision and owned by persons residing or owning property within the subdivision shall have its zoning changed from R-4 back to R- l. 3. That a 45 acre portion of the former Walter Allison Farm, which fronts Memorial Drive and Peppers Ferry Road, as recorded in Deed Book 546, Page 764; and currently zoned Residential Office and R-1, be rezoned to B-2 (business). NOW, THEREFORE, BE IT RESOLVED that all of the above changes and/or amendments to the Proposed Zoning Ordinance and map as well as the amendments to the Comprehensive Plan be referred to the Planning Commission for recommendations, changes and/or amendments as herein requested and be reported on to the Town Council after appropriate notice and public hearing, all within the time required by law. This Resolution is effective immediately upon its passage. • Bettye H. Steger - A p p John T. Bolen - A y ey e~~ Pauline G. Mitchell - ~,_ Jeffrey S. Worrell - A y e Kenneth M. Fleenor - ~_ James M. Neblett, Jr. - A q e ATTESTED: Patricia Cruise, Clerk E. G. Black, Jr. - ~_ Town of Pulaski, Virginia By: ~~~ a~ Charles W. Stewart, Jr. Mayor CJ • Councilwoman Steger asked whether this would set a precedent? Was the Town going to allow this for the other employees? . Chairman Fleenor responded that the recommendation was only for the police department. Councilwoman Mitchell confirmed that this could only by done by officers living within the town limits. Councilman Worrell asked what would happen if an officer was using the car for personal business and saw a violation or was flagged down by a citizen? Chief Roche advised that he would sign on with Police Dispatch and handle the problem. Town Attorney Eley advised that the topic of insurance liability had not been discussed with him and he felt that some research should be done into that issue before Council took action. Chairman Fleenor withdrew his motion. Mayor Stewart requested that the Town Attorney and staff research this information and return with information by the next Council meeting. Chairman Fleenor continued that bids have been received on the new fire truck and it should be delivered in approximately nine months. He advised that the next Committee meeting would be September 17, 2002 at 10:00 a.m. Under Town Attorney's report, Mr. Eley gave a projects update including handling legal questions regarding the Trail, personnel issues, preparation of a Resolution regarding zoning, • progress on several loans, and potential litigation matters. Town Manager Hawley advised that the closing on the Dunagan property is progressing; that the Town did not receive the grant to pave the Steger Walking Trail so Engineering is taking bids to complete that project and striving for completion before winter; working with three different Veterans groups to get memorial plaques to be placed on the Veterans Memorial Bridge; working on a resolution to the Kersey Bottom drainage complaint received at the last Council meeting; continuing to work on drainage problems in the Hopkins Drive area; work is progressing on the Draper Mountain tank; and advised that water levels on August 20 at Gatewood was seven feet below normal water level and Hogan's was down a little over four feet, among other items. He also advised that Council's packet included a map of this years Pulaskifest, which includes an area designated as a GPA Hospitality Area, which includes beer sales for that afternoon. Mayor Stewart advised that the next item on the agenda was Resolution 2002-33, Zoning Ordinance. Councilman Worrell moved to refer Resolution 2002-33 to the Planning Commission for study, comments and recommendations, seconded by Councilman Bolen and carried on the following recorded vote: ;'` Jeffrey S. Worrell -Aye Bettye H. Steger -Aye Kenneth M. Fleenor -Aye John T. Bolen -Aye E. G. Black, Jr. -Aye James M. Neblett, Jr. -Aye Pauline G. Mitchell -Aye • Town Manager Hawley advised that staff would like to schedule a Clean Up Day for later in the month. He suggested that Town staff and equipment be utilized for one day, along with any 4